SOW.pdf

Vehicle Services Contract Statement of Work Eastern and Western Districts of Virginia and District of Columbia

1) INTRODUCTION

The purpose of this requirement is to provide vehicle towing, appraisal, storage, maintenance, and disposal services, and personal property storage and disposal for the United States Marshals Service (USMS).

2) DEFINITIONS AND TERMS

a) ACCEPTABLE OUTDOOR STORAGE SURFACES: Caliche, cement, concrete, or gravel/stone.

b) ALTERNATE FUEL VEHICLES: A vehicle that runs on a fuel other than traditional petroleum fuels

(petrol or Diesel fuel); and also refers to any technology of powering an engine that does not involve solely petroleum to include but not limited to an electric car, hybrid electric vehicles, and solar powered.

c) “AS IS, WHERE IS”: Vehicles will be sold with no warranty or guarantee whatsoever. Vehicles are to be purchased exactly as they appear at auction. They will be sold based on their appearance only. “As is” is a disclaimer of warranties or representations. “Where is” denotes that the buyer takes the vehicle as found and must remove it from the point of sale.

d) APPRAISAL: The act of determining a market value after considering factors such as age, vintage, rarity, mileage and comparable sales.

e) ATTACHMENTS: Front end loader, Bale Spears, Spreader, Plow, and other optional equipment which is able to be attached and removed from an asset. If stored outdoors, attachments must be covered by a tarp to prevent degradation.

f) COMMERCIAL VEHICLE: Any self-propelled motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or is designed or used to transport more than 8 passengers (including the driver) for compensation; or is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation.

g) COMPONENTS: The spare tire, jack, lug wrench, and other standard or optional vehicle equipment which are integral parts of the vehicle.

h) CONTRACTING OFFICER (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

i) CONTRACTING OFFICER’S REPRESENTATIVE (COR): A Government employee who provides technical direction to the contractor. The COR is designated in writing by the CO.

j) DAILY SALES FACILITATION: Conduct preview for third party sales, which includes the following services: make vehicle readily available/accessible to the public; provide knowledgeable representative to answer potential buyer questions; provide adequate security during the viewing period; and provide these services for an 8 hour period as determined by the COR (maximum 2 days).

k) ELECTRONIC LOG DEVICE: A device used to record the following data: date, time, location information, engine hours, vehicle miles, and identification information for the driver, authenticated user, vehicle, and motor carrier. All Commercial vehicles manufactured post 2000 should be equipped with an electronic log device.

l) FULL DETAIL: Prepare the asset to enhance the appearance before sale. Services to include:

hand wash; remove bugs and tar; dry with Chamois; clean door jams, tires, rims, and wheels; shine tires; vacuum interior and trunk; shampoo/steam clean (including carpets, floor mats, and all other cloth surfaces); carpet spot removal; headliner cleaned; clean and condition leather seats; clean windows, mirrors, and ashtray; clean interior plastic/vinyl (including dash, center console, all dials/gauges, cup holders, vents, and door panels); hand wax; chrome polish rims, trim, grill, and all tail pipes.

m) GRAY MARKET VEHICLES: Vehicles that do not meet U.S. Department of Transportation (DOT) and Environmental Protection Agency (EPA) standards and cannot be legally sold or registered in the United States, but are legal for export sale.

n) HIDDEN COMPARTMENTS: After-market storage locations in a vehicle that the contractor may be required to remove, repair and/or disassemble.

i. Standard Hidden Compartment: example: removal of the passenger side air bag to use as a storage area.

ii. Complex Hidden Compartment: example: fabricating an area within the vehicle that is unseen from the inside, such as a compartment located underneath the rear floor boards of the vehicle, opened by a hydraulic door. The door only opens when a combination of electrical components (i.e. defroster button on and certain radio station set) are on simultaneously.

o) INDOOR STORAGE FACILITY: A fully enclosed structure with substantial/permanent walls, roof, and floor which will allow for movement of vehicles while controlling surface/environmental problems such as standing water, mud, dirt, dust, debris, pests and/or infestations

p) LOADED ROAD MILES: The firm-fixed towing price, as specified in the pricing schedule, is calculated based on the actual road miles (in accordance with the applicable towing Contract Line Item Numbers (CLIN) from the designated point of pick-up to the designated drop-off point in which a vehicle is in tow or loaded onto a flatbed. The contractor may not charge for miles traveled en route to the seized vehicle location.

q) PERSONAL PROPERTY1: Contents in a seized vehicle that are not standard accessories, such as clothing, personal items, compact discs, tapes, furniture, appliances, supplies, cargo, etc.

r) ROADSIDE TOWS: Tows from a general location.

s) SUB-TASK ORDER (STO): An order placed by the COR obligating specific line items under the contract; a STO can also be used by the COR to notify the contractor of other non-payment related tasks, such as to inform contractor of an authorized visitor, etc.

t) STATION TOWS: Tows from a specific fixed location.

u) USM-102: Seized property and evidence control form which provides description of the asset and custodial information.

v) VEHICLES:

i. Standard Vehicles: Production-sized cars, trucks, vans, all-terrain vehicles (ATV’s), motorcycles, golf carts, jet skis (with or without hauling trailers), dune buggies, snowmobiles, mopeds, 20' or less trailerable boats, etc.

ii. Large Vehicles: Buses, construction/farm type vehicles, recreational vehicles, motor-homes, semi-tractor trailers, and all other trucks, trailers, 21' and over trailerable boats, or heavy equipment.

w) VEHICLE CATEGORIES (N.A.D.A. Clean Loan Value):23

i. Category 1: Vehicles valued at $15,001 and above, ATV’s, motorcycles, golf carts, snowmobiles and mopeds are eligible to be stored indoors, with maintenance.

ii. Category 2: Vehicles valued at $3,501 to $15,000 are to be stored outdoors, with maintenance.

iii. Category 3: Vehicles valued at $1,001 to $3,500 are to be stored outdoors, without maintenance.

iv. Category 4: Salvage/Scrap. Vehicles valued at $0 to $1,000 are to be stored outdoors, without maintenance.

3) FACILITY LOCATION, PERFORMANCE AREA & TRANSITION PERIOD

a) Contractor shall have one storage facilities located within 10 road miles of USMS, Eastern District of Virginia, 701 East Broad Street, Richmond, VA 23219. If separate/ multiple facilities are to be used for indoor and outdoor storage, the indoor and outdoor storage facilities shall be located within 10 road miles of one another.

b) Storage locations can be added or withdrawn during the life of the contract dependent upon district needs.

1 This definition refers to personal property NOT seized for forfeiture and not eligible for storage services as per this contract.

2 Unless determined otherwise by COR 3 For assets on trailers will be considered as one unit for billing purposes, when there is no maintenance require.

Each asset that requires maintenance will be charged individually.

c) Contract Phase-In/Phase-Out: The Contractor shall be responsible for the phase in and the assumption of ongoing tasks in accordance with the COR’s requests. Certain staff or number of staff of the incumbent (specified by the COR) shall be available during this period to provide assistance to new Contractor personnel, familiarize the Contractor with required services, and provide other guidance and assistance as mutually determined by the Government (COR) and the Contractor. The specific phase-in assistance to be provided shall be determined by the Government (COR). If/When the COR determines a specified time frame for phase-out activities to commence, or upon termination and/or completion of this contract, there will be a 7 day transition period, unless otherwise specified by the COR to complete the Phase-Out. Final payment will be held, at zero interest, until the COR certifies that the assigned work is complete. The contract will then be closed in accordance with FAR Part 4.804.

d) The contractor, including the contractor’s facility, shall be fully equipped and ready to begin performance within 30 calendar days after the award date. Upon approval by the COR, the contractor has 7 calendar days, unless otherwise specified by the COR, to tow all vehicles from their current location to the proposed storage facility.

4) FACILITY REQUIREMENTS

The contractor shall provide and operate a facility which fulfills the requirements set forth in this Statement of Work (SOW) throughout the life of the contract.

a) Indoor and Outdoor Storage Requirements

i. Indoor storage facility square footage must accommodate the number of Category 1 vehicles. Each vehicle shall have a minimum of 130 square feet of space assigned, and the contractor must also demonstrate adequate space to accomplish various maintenance tasks as set forth by the SOW.

ii. The outdoor storage facility must be able to store the number of Category 2, 3, and 4 vehicles (standard and large).

iii. Must be able to accommodate any type and quantity of alternate fuel vehicles to include an 110v & 220v outlet. If during the course of the contract other alternate fuel vehicles come into custody that require other means of maintenance, such as solar-powered vehicles that cannot be stored inside, the COR shall work with the contractor to properly store the vehicles.

iv. The contractor must have signed Memorandums of Understanding (MOU) or Leasing Agreements, which will be used to secure the outdoor and indoor storage facilities.

b) Physical Security Requirements

i. The contractor shall provide secure indoor and outdoor storage facilities, maintenance, viewing and sales areas for all USMS assets (if contractor proposes a different location for live auction sales, it must also meet the requirements set forth in the SOW).

ii. USMS vehicles shall be segregated from all non-USMS vehicles with a barrier to restrict all unauthorized access indoor and outdoor. Acceptable barriers include cyclone fencing units. If other barrier types are proposed, the COR shall approve in advance with the contractor prior to installation. Security tape is not an acceptable barrier.

iii. Indoor facility must limit both physical and visible access to assets stored and maintained to approved personnel only.

iv. The perimeter of the entire outdoor storage facility shall be secured with a fence wall at least six (6) feet tall and shall have razor wire or concertina wire attached. Contractor may propose other methods.

v. Loss, theft, or damage to any vehicle while in the contractor’s custody shall be reported immediately to the COR. Loss/damage shall be replaced, repaired, payment issued for the monetary value (with that of like of equal value) or as directed by the COR within 20 days of notification.

vi. Vehicle theft and/or vandalism shall be reported to the local police department and to the

COR within 24 hours of incident, and a copy of the police report shall be provided to the COR within 24 hours of receiving report.

c) Staffing and Access Requirements

i. The contractor shall be available between the hours of 8:30 AM and 5:00 PM, Monday through Friday, excluding Federal Government holidays. Any request for deviation of these standard hours must be approved in advance by the COR. Contractor shall provide a point of contact for 24 hours per day, 7 days per week, and 365 days per year access.

ii. Access is restricted to the contractor or their authorized employees, the CO/COR or his/her designee, or individuals accompanied by USMS personnel that are approved by the CO/COR. A list of all authorized contractor employees will be given to the COR upon award of this contract.

iii. USMS COR or COR designee will perform monthly and unannounced inspections of facility, assets, case files, and processes.

iv. The contractor shall maintain a visitor log. The contractor shall deny any individual who requests access to the storage facility who has not been approved by the COR (this includes seizing agency personnel) in advance. The contractor shall annotate the names of those individuals, and if applicable, the organizations represented, and immediately notify the COR. COR shall notify the contractor of scheduled authorized visitors through the issuance of Sub Task Order (STO). This STO is for awareness and will not be associated with any CLINS.

v. Any requests for information regarding seized vehicles shall be forwarded to the COR.

d) The contractor shall assume sole responsibility, as well as financial liability for all assets under their control at all times.

e) If the contractor uses sub-contractors for any phases of the asset’s lifecycle during the contract period, the contractor is solely and ultimately responsible for all USMS assets within their care. All communication with the COR will be through the main contractor and not the sub-contractors. If the prime contractor is not on-site regularly (i.e. maintain an office in another district or state), they must be able to attend any and all meetings at either the USMS Headquarters location or the contractor’s facility (operated by the sub-contractor) as noted in the contract) within 48 hours’ notice by the CO or COR.

f) The contractor shall obtain and maintain insurance through the duration of the contract commensurate with the value of inventory. Contractor shall increase or decrease insurance coverage based on contractor’s inventory being stored. It is the contractor’s responsibility to maintain all insurance relative to storage and transportation all assets to be stored by USMS. The USMS shall be named as an additional insured on all applicable insurance policies. Said insurance policies shall be provided to the CO/COR at the onset of each option year, or if contractor makes changes to insurance policies at any other interval, or for any other reason. Post award, it is the responsibility of the COR to provide inventory list with values at the beginning of each fiscal quarter to the contractor. If throughout a fiscal quarter, a high valued asset is received in inventory, the COR shall notify the contractor and provide an updated inventory list with values. If a discrepancy is identified for lack of sufficient insurance coverage, the CO shall take the necessary steps to remedy the situation immediately. Contractor shall provide proof of insurance as requested at any time throughout the duration of the contract upon COR request within twenty-four (24) hours.

5) TOWING

a) Phase In/Phase Out period: Transportation of assets from the incumbent vendor to the new vendor shall be addressed at time of award and at time of contract close out to determine time frame in which all assets need to be transferred.

b) Contractor shall have towing fleet to accommodate USMS vehicles 24 hours per day, 7 days per week, and 365 days per year.

c) The COR shall notify the vendor of tow via a STO. STO should contain all necessary information about the vehicle or vessel4.

d) The contractor shall have the ability to track all assets from pick-up to arrival at final destination as-per the STO. (At minimum the tracking and record the following; driver name, fleet assigned, pickup /drop off time).

e) The contractor shall pick up all roadside vehicle(s) within 8 hours of notification by the COR. If this timeframe cannot be met, the COR shall approve this deviation in advance with the contractor.

f) The contractor shall coordinate all station tows with the provided agency POC within twenty-four

(24) hours of notification by the COR. All tows should be completed within 7 days from issuance of the STO. If the investigative agency is creating a barrier to prevent the 7 day requirement the contractor must notify the COR immediately. Any deviations to these prescribed time frames require COR approval in advance.

g) All tows must be conducted in a manner as to prevent additional mileage accumulation on the towed vehicle.

h) The contractor may be directed to tow a vehicle to a location other than the contractor’s storage facility.

i) If the tow truck driver notices personal property items in the vehicle, the contractor shall notify the COR immediately before completing the tow.

j) If a tow driver arrives at the vehicle pick-up point, and the vehicle is not ready to be towed (paperwork is not completed, keys not available, etc.), after a reasonable amount of time (30 minutes), then the tow driver may depart without the vehicle. Contractor will be paid as if it had successfully completed the tow. Contractor shall immediately notify the COR.

k) The contractor shall inspect and inventory the seized vehicle. Its condition shall be recorded on the vehicle’s tow ticket or intake inspection checklist.

l) The contractor shall tow all vehicles in adherence with any and all Department of Transportation regulations (length restrictions, height restrictions, distance) in all States where towing services are requested.

m) Semi-tractor trailers should be treated as one unless state regulations prohibit the contractor from doing so. This should be annotated on the STO after discussion with the vendor and properly noticed on the tow ticket.

n) The contractor shall use the USMS standardized tow ticket for each vehicle. A completed copy shall be sent to the COR electronically within 3 days of the tow date. A completed second copy shall be retained in the vehicle’s case file.

o) The contractor shall use the USMS intake inspection checklist for each vehicle that is delivered to the contractor by an authorized agency. A copy shall be sent to the COR electronically within three

(3) days of the intake date. A second copy shall be retained in the vehicle’s case file.

p) The contractor shall not drive the seized/forfeited vehicles except to move them within the storage facility for intake and maintenance purposes. Use of vehicles for personal use is strictly prohibited.

6) INITIAL INTAKE

The following applies to all vehicles regardless of the category:

a) The contractor shall assume sole responsibility, as well as legal and financial liability for the vehicle from pick-up until disposal.

b) Contractor can use a vehicle inventory management process for inventory control. This process will include, at a minimum:

i. Asset identifier

ii. Description of the asset

iii. Storage start date

iv. Type of storage

4 At post award conference, the contractor shall provide information regarding State requirements and/or limitations for the towing of large vehicles and vessels and inform COR of the legal trailerable limits available for towing purposes.

c) The contractor shall establish/maintain a separate case file for each vehicle covered under this

SOW. Electronic or paper case files shall be securely stored. Each case file shall include, at a minimum:

i. Tow ticket or intake inspection checklist

ii. Signed USM-102

iii. Records related to vehicle condition, storage, disposal, and all STOs

iv. All maintenance documentation

v. Digital photos of vehicle

d) Once the vehicle arrives at the storage facility, the contractor shall thoroughly clean and secure the vehicle. If the contractor is unable to secure the vehicle’s window(s) or door(s), they shall notify the COR.

e) If the contractor discovers a potentially hazardous substance, or a hidden compartment, in a vehicle (which was not already previously identified by the seizing agency or USMS) during initial intake or during any time while in the contractor’s custody, the contractor shall immediately secure the vehicle and contact the COR. The contractor shall not handle any item(s) discovered in the hidden compartment.

f) The contractor shall remove license plates from any vehicle stored outdoors and place in trunk, glove box or case file prior to being stored in outside storage area. Final disposition of any license plates shall be a topic during contract post award based on Department of Motor Vehicle regulations by the State in which the contract is awarded.

g) For vehicles requiring maintenance, the Contractor shall fuel all vehicles with enough fuel to register a quarter tank on the fuel gauge indicator, and should add fuel additive as necessary. If vehicle’s fuel gauge does not work, contractor shall notify the COR.

h) All vehicles shall be marked with the Government's complete asset ID number (CATS ID) and the date of USMS custody on the windshield using a suitable marking substance, or on a printed sheet stored on the dashboard of the vehicle.

i) All digital photos shall be sent to COR via email within 3 days of receipt and are required for all vehicles. At a minimum, photos must include pictures of all four (4) sides of the vehicle, the dashboard, Vehicle Identification Number (VIN), and a picture of the odometer, along with any extensive vehicle damage, any expensive rims, stereo equipment, hidden compartments, etc.

j) Contractor shall sign and date USM-102 showing receipt of the vehicle. USM-102 shall be sent to COR via email within 3 days of receipt.

k) All vehicle keys shall be stored in a secure depository. Each key shall have a description tag, with asset identification number and storage location.

l) All vehicles valued at over $1,000 NADA clean loan value that are received without ignition, door and/or trunk keys shall be annotated on the tow ticket.

i. In the event keys are not available for the vehicle at time of tow, the contractor shall annotate on the tow ticket. If the contractor fails to annotate the tow ticket as keys are missing, it will be the responsibility of the contractor to replace at their expense. If the COR requires key fobs to be made for any other reason, the COR will submit a STO for approval and use the applicable

CLIN.

m) The inventory shall include a physical count of all seized/forfeited personal property to include model/serial number and description. Any deviation from this should be pre-approved in advance via the COR.

7) STORAGE

a) The contractor shall provide evidence that it has complied with all laws and ordinances associated with vehicle storage. Applicable permits shall be kept current throughout the term of the contract.

b) The contractor shall provide orderly and clean indoor and outdoor storage facilities, to include running water and a restroom, and shall be controlled in such a manner as to eliminate standing water, mud, weeds, debris, pests and/or infestations. It shall be the contractor’s responsibility to correct any issues at their cost.

c) If the regular daily storage facility is to be used only for storage and not as a live auction venue when a live auction (see Disposal section) is requested, the contractor shall provide proposed locations for live sales.

d) If additional facilities are required as a result of a need by the contractor, they must be approved in advance, in writing by the CO. If the contractor proposes a different facility during the contract term, then the contractor assumes any costs for relocating currently stored vehicles to the new facility.

e) The contractor has the ability to store and sell any seized/forfeited personal property under this contract, as permitted by the COR. Personal property shall be billed on a daily basis. This contract cannot be used for the transportation of seized/forfeited personal property.

f) If at any time during storage an asset(s) is removed via COR direction for outside repair/maintenance, etc., the contractor shall bill the storage rate for the duration of repair up to 15 calendar days. If the repairs exceed 15 calendar days, COR pre-approval is required. Contractor still assumes responsibility, as well as financial liability at all times while the asset(s) receive outside repairs.

g) Assets shall be stored in a manner to preserve the integrity of the assets. If necessary, contractor shall provide pallets/racking or other orderly means to store the assets.

h) Should any issues arise regarding the condition of the assets during the term of the contract, the COR shall be immediately notified.

i) Contractor shall ensure that each item is marked with corresponding AIN’s and AIN item Numbers at all times, and shall be able to identify exactly where a particular piece of property is located within the storage facility. The COR shall be provided reports of the inventory as requested.

j) The USMS will be billed based on actual square footage used to store seized/forfeited personal property on a daily basis. Any deviation from this billing method must be pre-approved in advance by the CO.

8) APPRAISAL SERVICES

a) Upon intake, if there is no commercially free service available to properly assess the value of an asset (such as a specialty/unique/classic/exotic/muscle, or highly modified vehicle), the contractor shall provide the ability to order appraisals. This CLIN can also be used to obtain appraisals for vessels and seized/forfeited personal property assets. All appraisals ordered on this contract must be performed by a certified appraiser. Contractor may use its own certified staff or sub-contract with an entity which is certified.

b) Contractor shall be notified via STO of appraisal requirements and will detail which asset(s) by CATS ID number. Contractor shall schedule appraisals within a reasonable amount of time, but no longer than 10 calendar days of receipt of STO.

c) Contractor shall submit final appraisal to the COR within 10 calendar days after completion of appraisal.

9) MAINTENANCE

a) Contractor shall keep a maintenance log monthly checklist for all vehicles. All maintenance logs must be readily available for viewing by the COR, and it is the Government’s preference that the contractor employ the use of an electronic vehicle inventory management system for maintenance record keeping purposes. Contractor shall provide all equipment necessary to provide maintenance as required (ex. Battery chargers, jump cables, etc.).

b) Monthly Maintenance: Vehicles stored under Categories 1 and 2 (see definitions) shall receive the following monthly maintenance, at a minimum:

i. Check and maintain tire pressure. If tire requires repair, notify COR. Tire replacement is not authorized under this contract.

ii. Check and maintain fluid levels.

iii. Any vehicle stored over 3 consecutive months shall have a gasoline/fuel additive added to the fuel tank to prevent degradation.

iv. Start the vehicle. The vehicle’s engine shall run for at least 15 minutes. The vehicle shall be moved forward and rearward at least six (6) feet in each direction.

c) Weekly Maintenance: Large vehicles stored shall receive the following weekly maintenance, at a minimum:

Road Tractors

i. Check and maintain tire pressure. If tire requires repair, notify COR. Tire replacement is not authorized under this contract.

ii. Check and maintain fluid levels.

iii. Start the vehicle. The vehicle’s engine shall run for at least 40 minutes. The vehicle shall be moved forward and rearward at least six (6) feet in each direction.

Semi-trailers with refrigerator units

i. Check and maintain fluid levels on refrigerator unit.

ii. Start the refrigerator unit. The unit’s engine shall run for at least 40 minutes. If the battery is not operable, and can no longer hold a charge, prior COR approval is required before replacing.

d) If other maintenance/repair is recommended by the contractor, the COR shall review and issue a STO as appropriate.

e) If the asset is a hybrid or an alternate fuel vehicle and arrives at the facility without the proper charging equipment, the contractor shall provide a recommendation to the COR for replacement/purchase of the equipment which would be required to perform maintenance. If approved, the COR will issue a STO for services.

f) Hidden Compartment Removal: Contractor shall provide the ability to remove /disassemble hidden compartments from vehicles. As per instructions detailed during initial intake, if a hidden compartment repair is ordered and the contractor discovers contents (drugs, contraband, etc.), the contractor shall immediately secure the vehicle, not handle any discovered item, take a digital photograph, and notify the COR.

g) Battery Replacement: Contractor shall provide ability to replace batteries if instructed by COR.

Only new batteries may be used; reconditioned batteries are unacceptable.

h) Keys: All Category 1 and 2 vehicles must have keys in order to perform monthly maintenance. If replacement keys are required for a vehicle, prior COR approval is required.

i) Winterization: Contractor shall provide the ability to winterize asset types as requested via COR.

10) DISPOSAL

a) The COR shall determine the methods for disposal for all USMS vehicles and seized/forfeited personal property. The contractor shall receive written instructions for the disposal of all vehicles.

The various disposal methods include, but are not limited to, the following:

i. Live Auction

ii. Online Auction by Contractor

iii. Sealed Bid Sale

iv. Online Auction by USMS Third Party Vendor

v. Salvage/Scrap

vi. Destruction/Crushing

vii. Official Use by an Authorized Agency

viii. Release to Lien Holder, Claimant, or Owner

b) The following persons shall be prohibited from purchasing property through the U.S. Department of Justice Asset Forfeiture Program and are also, therefore, barred from placing bids to buy such property:5

i. Defendants in Criminal Cases: The defendant from whom the property to be sold was forfeited.

ii. DOJ Employees and USMS Contractors: DOJ Employees who have not received a waiver from their agency pursuant to 5 C.F.R. § 3801.104(a) and USMS contractors who have not received a waiver.

5 Please note, for all sales, contractor shall obtain buyer’s signature on USMS Form 623, Personal Property Sales Certification. The COR shall provide any information necessary for the completion of the form prior to obtaining signature (ex. Defendant’s name and/or US Code violation)

iii. Civil Forfeiture Actions/Administrative Forfeiture: Any person whose conduct gave rise to a civil or administrative forfeiture of the property to be sold.

iv. Insider Knowledge: Any person who, by virtue of their association with the DOJ AFP, has acquired material, non-public, information about the property to be sold.

v. Law Enforcement: Federal, state, and local law enforcement officers who perform duties associated with the seizure and forfeiture of property in conjunction with DOJ.

vi. DOJ AFP Contractors: Contractors and subcontractors hired by or working with DOJ in the DOJ AFP or its agencies and their employees involved in the DOJ AFP.

vii. Other Third Parties: Any person, in the reasonable judgment of the USMS, in consultation with the United States Attorney’s Office or the Money Laundering and Asset Recovery Section, as appropriate, who may have received, from a prohibited purchaser, material, non-public, information, about the property to be sold, or whose purchase may give rise to the appearance of impropriety.

viii. Special circumstances may rebut the presumption, i.e., supersede the above determination, that someone is or is not a prohibited purchaser in one or more of the above categories, as determined by the USMS and the relevant U.S. Attorney’s Office (USAO), with the concurrence of its Ethics Officer, Office of General Counsel.

c) Disposal via Sale6 (Live, Online, Sealed Bid, Online 3rd Party Vendor, Salvage/Scrap/Parts Only)

i. The COR will determine the preferred sales method for all USMS sales. The contractor shall provide the ability to perform all sales options as listed within the SOW within a 30 day time frame of request.

ii. Contractor shall operate and maintain website for the advertisement of USMS vehicles and seized/forfeited personal property.

iii. Contractor shall have the ability to provide marketing plan upon request of COR. Plan should address at minimum: market research, advertising (sample), proposed sales campaign, security for viewing periods through sale, etc.

d) Advertising for Live Auction

i. Contractor shall advertise for all live auctions. All advertisements must be pre-approved in advance by the COR prior to publication/posting/release. Advertisements must be in one local publication and on the contractor’s operated website. Any deviation from this must be pre-approved by the COR. Contractor can propose to advertise in any other platforms to increase customer base awareness of the sale at their own expense, however the advertisement must be pre-approved by the COR for content. If the COR deems appropriate to order any other specialty advertising, it will be ordered through the issuance of a STO.

ii. The contractor's Internet website will clearly state that the contractor is conducting sales of assets on behalf of the USMS.

iii. Contractor SHALL NOT DISCLOSE CATS ID number in any advertisement.

iv. Contractor shall post the VIN of forfeited vehicles in the advertisements. Vehicles sold via an Interlocutory Sale Order SHALL NOT be advertised with a VIN. If a VIN is not to be posted, it will be indicated on the STO.

v. If the contractor is instructed to post a vehicle for sale without the VIN being disclosed, the contractor may provide the VIN to potential buyers upon request.

vi. Contractor shall send COR the link to their website for posting of advertisement on the USMS and Department of Justice websites.

6 Specifically for sale, the USMS seeks uniformity in its contracts, however, dependent on the location of the vehicle services contract award, certain states may have certain requirements for the sale of vehicles.

Variations shall be addressed in the SOW and the pricing schedule (example: for vehicles sold in California, a CLIN will be added to accommodate for smog testing requirements). If other variations arise, they will be discussed during the post award conference.

e) Viewing Period for Live Contractor Auction

i. The contractor, prior to viewing day, shall prepare the property for sale to maximize potential sales value (this includes washing, cleaning the asset, as well as ensuring the facility is clean, orderly and ready for public view).

ii. The contractor is required to allow the public to view and access the vehicles prior to the day of auction. The viewing day shall be for an 8 hour period, and the viewing shall be on the day prior to sale. Contractor can hold additional viewing days. Any deviation for the minimum viewing period must be approved in advance by the COR.

iii. Adequate security during the viewing day shall be the responsibility of the contractor.

Contractor shall provide a knowledgeable representative who can provide the public with information related to the asset, and can start the vehicle as determined by the COR.

Contractor is ultimately responsible during this timeframe and should ensure the viewing period and representative maintains the utmost professionalism as they represent the

USMS.

iv. The viewing area shall be segregated from the remainder of the storage facility by a barrier to prevent unauthorized access to the non-forfeited vehicles. Viewing area should be orderly, clean, and free of potential hazards. If the viewing period is to be held outside, contractor shall make arrangements in case of weather to provide an alternate viewing space, or propose to advertise a rain make-up date.

v. Vehicles offered for sale shall be unlocked for inspection.

f) Live Auction

i. Upon the order for disposal, the contractor shall check and/or add engine fluids, check the tire pressure and add air, if necessary, as well as wash the exterior and vacuum the interior of all vehicles to be sold, and remove all documents and paperwork from inside the vehicle.

1) Full detail: Contractor shall provide the ability to perform a full detail for select assets as requested via COR.

ii. Auctions will be held at the COR’s discretion and shall be accomplished (to include advertisement) within 30 days of request.

iii. Auctions must be open to the public. Dealer only auctions are prohibited.

iv. Adequate security during the auction day shall be the responsibility of the contractor.

Prior to auction, Contractor shall provide proposed number of personnel for security purposes for use during preview and live auction for COR pre-approval. It is not the responsibility of the USMS to provide Deputy United States Marshals for the purposes of security during preview or the live auction.

v. The contractor shall conduct all sales in accordance with all applicable Federal, State, and local laws, regulations, and ordinances.

vi. If an alternate sale location is proposed by the contractor, it must be approved prior in writing by the COR. All expenses and liability (including security requirements) associated with using an alternate sale location is the responsibility of the contractor.

vii. Auctions must be conducted by an auctioneer. The auctioneer must be licensed (if applicable by state and/or municipality) and a member of the National Auctioneers Association or the Certified Auctioneers Institute. It is the responsibility of the contractor to ensure the auctioneer has the applicable licensing and/or permits according to state and local laws for the duration of the contract.

viii. The contractor shall post the Sales Terms and Conditions for USMS auctions and USMS Forfeited Property Sales Certification in a public area where they can be viewed by prospective buyers, and on the website.

ix. Under no circumstances will public bidders be charged a Processing Fee, Admission Fee, a sales list, or any other charges or fees, other than the bid price tendered by the winning bidder. Unless authorized in advance by the COR with written approval from USMS Asset Forfeiture Division, Personal Property Unit, the public bidders will not be charged a Buyer’s Premium Fee. If a Buyer’s Premium Fee is approved, then no commission shall be billed for those assets.

x. If a minimum bid is required, the COR will notify the contractor, in writing prior to the sales day. Contractor shall strive to meet and exceed all minimum bid requests. If a bid is less than the minimum bid, the contractor shall seek COR approval prior to the final acceptance of the bid.

xi. Contractor shall affix a Buyer’s Guide form to each vehicle to be sold at auction and check off “AS IS – NO WARRANTY”.

xii. The contractor shall determine, with COR concurrence, the best method of bid deposit collection. If deposit is not collected at registration, contractor must provide free storage if the vehicle is sold, but sale is not finalized. Forfeited bid deposits shall be given to the

USMS.

xiii. The USMS reserves the right to remove any asset from the auction at any time prior to sale.

xiv. USMS representative will attend each auction to approve/disapprove bids either in person or via telephone.

xv. The contractor shall provide one (1) complete set of keys to the buyer for all vehicles valued over $1,000, unless deemed unnecessary by the COR.

xvi. The USMS will supply a Standard Form 97 (U.S. Government Certificate to Obtain Title) for each vehicle sold. The contractor is responsible for completion of the SF-97 on the day of the auction. The SF-97 shall be issued to the purchaser upon full payment of the vehicle. The contractor will not be responsible for registering a vehicle with the Department of Motor Vehicles.

xvii. The contractor shall issue a receipt to the purchaser(s) for money received, which will indicate the purchaser's name, vehicle selling price, and a description of the vehicle including the VIN.

xviii. The contractor shall receive and be responsible for all money collected during the auction. The USMS will not be responsible for money that is lost, stolen, received in error, or misapplied while in the hands of the contractor.

xix. The contractor shall submit gross sales proceeds and sales documents to the COR within five (5) business days of the auction via certified check, cashier’s check, money order or Electronic Funds Transfer (EFT). All gross sales proceeds are property of the USMS and shall not be used by the contractor.

xx. The USMS will cease paying storage expenses beginning on the day after the sale.

xxi. The contractor shall not charge the USMS any sales fees, commissions, etc., for a vehicle or seized/forfeited personal property which is not sold.

xxii. The contractor shall video and audio record all auctions and shall provide recordings to the COR upon request. All recordings shall be kept by the contractor for a period of two-and-a-half years after the auction.

xxiii. If the vendor conducts a simulcast online auction during the live auction, only the live auction rate will be billed.

g) Advertising for Online Auction by Contractor

i. Contractor shall advertise for all online auctions on the contractor’s operated website.

Contractor can advertise in any other platforms to increase customer base awareness of the sale at their own expense. If the COR deems appropriate to order any other specialty advertising, it will be ordered through the issuance of a STO.

ii. The contractor's Internet website will clearly state that the contractor is conducting sales of assets on behalf of the USMS.

iii. The website should clearly state where the vehicle is located for purposes of public viewing purposes.

iv. Contractor SHALL NOT DISCLOSE CATS ID number in any advertisement.

v. Contractor shall post the VIN of forfeited vehicles in the advertisements. Vehicles sold via an Interlocutory Sale Order SHALL NOT be advertised with a VIN. If a VIN is not to be posted, it will be indicated on the STO.

vi. If the contractor is instructed to post a vehicle for sale without the VIN being disclosed, the contractor may provide the VIN to potential buyers upon request

vii. Contractor shall send COR the link to their website for posting of advertisement on the

h) Viewing Period for Online Auction by Contractor potential sales value (this includes washing, cleaning the asset, removing any documentation from the interior, as well as ensuring the facility is clean, orderly and ready for public view).

ii. The contractor is required to allow the public to view and access the vehicles prior to the day of auction. The viewing day shall be for an 8 hour period, and the viewing shall be on the day prior to sale. Contractor can hold additional viewing days. Any deviation for the minimum viewing period must be approved in advance by the COR.

iii. Adequate security during the viewing day shall be the responsibility of the contractor.

Contractor shall provide a knowledgeable representative who can provide the public with information related to the asset, and can start the vehicle as determined by the COR.

Contractor is ultimately responsible during this timeframe and should ensure the viewing period and representative maintains the utmost professionalism as they represent the

USMS.

iv. The viewing area shall be segregated from the remainder of the storage facility by a barrier to prevent unauthorized access to the non-forfeited vehicles. Viewing area should be orderly, clean, and free of potential hazards. If the viewing period is to be held outside, contractor shall make arrangements in case of weather to provide an alternate viewing space.

v. Vehicles offered for sale shall be unlocked for inspection. If there is a specialty or high valued asset in the offering and there are potential security concerns, it is the COR’s responsibility to discuss logistics with the contractor in advance of the viewing period.

i) Online Auction by Contractor

i. Upon the order for disposal, the contractor shall check and/or add engine fluids, check the tire pressure and add air, if necessary, as well as wash the exterior and vacuum the interior of all vehicles to be sold and remove all documents and paperwork from inside the vehicle (except salvage/scrap or destruction).

1) Full detail: Contractor shall provide the ability to perform a full detail for select assets as requested via COR.

ii. Auctions will be held at the COR’s discretion.

iii. Online auctions must be open to the public, through an Internet website with applicable security measures to protect against hacking. The contractor shall disclose on its website its backup plan for receiving bids should its website become unavailable.

iv. Dealer only auctions are prohibited.

v. The contractor shall conduct all sales in accordance with all applicable Federal, State, and Local laws, regulations, and ordinances.

vi. The contractor shall post the Sales Terms and Conditions for USMS auctions and USMS

Forfeited Property Sales Certification on their website.

vii. Contractor shall affix a Buyer’s Guide form to each vehicle to be sold at auction and check off “AS IS – NO WARRANTY”.

viii. Under no circumstances will public bidders be charged a Processing Fee, Admission

Fee, a sales list, or any other charges or fees, other than the bid price tendered by the winning bidder. Unless authorized in advance by the COR with written approval from the USMS Asset Forfeiture Division, Personal Property Unit, the public bidders will not be charged a Buyer’s Premium Fee. If a Buyer’s Premium Fee is approved, then no commission shall be billed for those assets.

ix. If a minimum bid is required, the COR will notify the contractor, in writing prior to the online auction start day. Contractor shall strive to meet and exceed all minimum bid requests. If a bid is less than minimum bid, the contractor shall seek COR approval prior to the final acceptance of the bid.

x. The contractor’s internet website must allow for bids to be placed on an online platform with the ability to see bidding action with the Government’s preference being that the contractor’s internet website should be similar to popular online sales websites (such as eBay, Cargurus, etc.) and should offer industry standard online bidding features (ex:

ability to see all bids received, automatic bid escalation selections, etc.).

xi. The contractor shall post photographs of each item online, multiple photographs where detail in the item warrants. A full description of the item shall also be posted.

xii. A USMS representative will be available via phone/email to approve/disapprove bids.

xiii. The contractor shall provide instructions on their website detailing their process for winning bidders to pick up the vehicle(s) or sold seized/forfeited personal property from their storage/auction location.

xiv. The contractor shall determine, with COR concurrence, the best method of bid deposit collection. If deposit is not collected at registration, contractor must provide free storage if the vehicle or sold seized/forfeited personal property is sold, but the sale is not finalized.

Forfeited bid deposits shall be given to the USMS.

xv. The USMS reserves the right to remove any asset from the auction at any time prior to sale.

xvi. The contractor shall provide one (1) complete set of keys for all vehicles valued over $1,000, unless deemed unnecessary by the COR.

xvii. The USMS will supply a Standard Form 97 (U.S. Government Certificate to Obtain Title) for each vehicle sold. The contractor is responsible for completion of the SF-97 on the day of the auction. The SF-97 shall be issued to the purchaser upon full payment of the vehicle. The contractor will not be responsible for registering a vehicle with the Department of Motor Vehicles.

xviii. Upon disposal the contractor shall execute the SF-97 and USMS Forfeited Property Sales Certification.

xix. The contractor shall issue a receipt to the purchaser(s) for money received, which will indicate the purchaser's name, vehicle selling price, and a description of the vehicle including the VIN.

xx. The contractor shall receive and be responsible for all money collected during the auction. The USMS will not be responsible for money that is lost, stolen, received in error, or misapplied while in the hands of the contractor.

xxi. The contractor shall provide the USMS an auction results report that identifies the asset ID, purchaser’s name and purchase price. This report shall be sent via email to the USMS within five (5) business days of the auction.

xxii. The contractor shall submit gross sales proceeds and sales documents to the COR within five (5) business days of the auction via certified check, cashier’s check, money order or Electronic Funds Transfer (EFT). All gross sales proceeds are property of the USMS and shall not be used by the contractor.

xxiii. The contractor shall not charge the USMS any sales fees, commissions, etc., for a vehicle which is not sold.

xxiv. The USMS will cease paying storage expenses beginning on the day after the sale.

xxv. Simulcast auctions if conducted in conjunction with a live auction are not considered an online auction.

j) Sealed Bid Sale

i. Upon the order for disposal, the contractor shall check and/or add engine fluids, check the tire pressure and add air, if necessary, as well as wash the exterior and vacuum the interior of all vehicles to be sold and remove all documents and paperwork from inside the vehicle

(except salvage/scrap or destruction).

1) Full detail: Contractor shall provide the ability to perform a full detail for select assets as requested via COR.

2) The contractor shall coordinate with the COR regarding designated viewing period(s).

3) The contractor shall create a bid invitation that shall include the following;

1) Viewing date/time

(i) Bid closing date/time

(ii) Minimum acceptable bid (Determined by COR)

(iii) Bid Deposit (Determined by COR)

(iv) Mailing address

(v) Sales Terms and…