7._SOW-Vessel_Services.pdf

National Vessel Services Contract - Asset Forfeiture

1) INTRODUCTION

The purpose of this Statement of Work is to provide national and international relocation, storage, maintenance, appraisal, and disposal services for the United States Marshals Service (USMS), Asset Forfeiture Division. The performance area shall cover all of the United States, its territories and international locations as necessary.

2) DEFINITION AND TERMS

a) ADDITIONAL PERSONNEL (HOURLY RATE): If additional personnel are required for relocation, the contractor will contact the COR for approval.

b) APPRAISAL: an assessment or estimation of worth, value, or quality performed by a certified appraiser.

c) "AS IS, WHERE IS": Vessels will be sold with no warranty or guarantee whatsoever. Vessels 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 vessel as found and must remove it from the point of sale.

d) ASSET ID NUMBER (AIN): This is the asset identifier which is assigned, by the seizing agency, to each asset at the time that it is seized (commonly referred to as CATS ID).

e) BLOCK RATE (INITIAL INTAKE) FOR STORAGE: Rate to be utilized for both trailered and non-trailered vessels. Trailered: trailer is raised on blocks to keep tires from contact with the ground;

non-trailered: vessel is raised on blocks to prevent contact with the ground.

f) CAPTAIN'S DAILY RATE: Rate to be utilized for vessels that are relocated under their own power. The Captain’s rate will begin 60 minutes prior to the departure time recorded in the vessel log book for the relocation and end 60 minutes after the arrival time recorded in the vessel log book for the relocation. All Captain Costs (excluding those items defined in ‘TRAVEL’) will be covered under the daily rate as defined in the pricing schedule.

1) Domestic Near Coastal: no more than 200 nautical miles offshore.

2) Upon Oceans: All Waters.

g) COMPONENTS: Any standard or optional vessel equipment that is an integral part of the vessel

(i.e. life jackets, fire extinguishers, charts, engines, outboard motors, lines, rigging, sails, and electronic equipment).

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) EMERGENCY REPAIRS: Non-routine repairs that cannot be planned or anticipated (i.e., storm damage from water or wind, vessel taking on water, fuel or fluid leaks etc.).

k) HAUL & LAUNCH: Vessel is hauled out of the water for either inspection or dry dock storage.

Vessel is then launched back into the water, if needed. Vessel shall only incur a one-time charge while in contractor storageif this service is required.

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

m) KEYS: Upon intake, if keys are available, it should be annotated on intake log. If new and/or replacement keys are requested, COR will provide an STO for approval. This is a cost reimbursable line item.

n) LOADED MILES: The firm-fixed relocation price, as specified in the schedule, is calculated based on the actual or loaded miles from the designated point of pick-up to the designated drop-off point in which a vessel is in tow (via trailer (miles) or by water (nautical miles). The contractor may not charge for miles traveled in route to the seized vessel pickup point.

o) MECHANICAL REPAIRS: Once a repair is identified, the contractor will notify the COR.

COR will advise the contractor to obtain three (3) quotes if repair is estimated to be over $2,500. Once approved, the COR will submit an STO requesting the repair be completed at the quoted price. This is a cost reimbursement line item.

p) PERSONAL PROPERTY: Contents in a seized vessel that are not standard accessories, such as clothing, personal items, CD's or tapes, furniture, dishes, appliances, supplies, cargo, etc. Please note that some larger vessels contain personal property items that are part of the vessel.

q) SUB-TASK ORDER (STO): An order placed by the COR identifying specific line items under the contract.

r) TUG OPERATOR'S HOURLY RATE: Rate to be utilized for all vessels that are to be pulled by a tug. Hourly rate begins when vessel is hooked up and ends when tug is completed. This is an hourly rate for one (1) tugboat operator. If additional tugs are required to pull a vessel, the hourly rate shall apply to each tugboat separately. All per diem rates included in hourly rate.

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

t) VESSEL: All types of watercraft, of all sizes, construction, composition, configuration, condition, and source(s) of power/propulsion. This could include cargo ships, commercial workboats, fishing vessels, yachts, small watercraft, tugs and barges.

u) VESSEL CATEGORIES:

1) Category 1 Up to 30’ Dry Dock Service

2) Category 2 31’-50’ Dry Dock Service

3) Category 3 51’-80’ Dry Dock Service

4) Category 4 Over 80’ Dry Dock Service

5) Category 5 Up to 30’ Wet Dock/Moored Service

6) Category 6 31’-50’ Wet Dock/Moored Service

7) Category 7 51’-80’ Wet Dock/Moored Service

8) Category 8 Over 80’ Wet Dock/Moored Service

v) VESSEL RELOCATION VIA SHIP: To be utilized for vessels that are loaded on a ship and relocated to the contractor's facility.

3) FACILITY LOCATION, PERFORMANCE AREA & TRANSITION PERIOD

a) Contractor shall have a storage facility (marina) located within 60 miles of the Southern District of

Florida office (Wilkie D. Ferguson U.S. Courthouse, 400 N. Miami Avenue, 6th Floor, Miami, Florida 33128). This storage facility must be able to store the vessels listed under the Miami Storage Facility on the pricing schedule. The wet and dry dock storage facilities shall be located within 10 miles of one another. If a vessel(s) cannot be relocated, the contractor shall procure (alternate storage locations) services where the vessels are located.

1) Substitute custodial facilities will be required throughout the performance area on an as needed basis. The national coverage area includes the 94 USMS District Offices within the continental United States, Alaska, Hawaii, Puerto Rico, the US Virgin Islands, Guam and the Northern Mariana Island.

2) If a vessel is international and an alternative storage location can be found that is secure, the contractor shall procure services, location and security requirements upon COR approval. If the vessel must be moved or a secure international location is not suitable, the contractor shall secure a location within the Continental U.S.

b) 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 the new contractor intends to use existing subcontractor locations, a list of all shall be provided upon award. 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.

c) The contractor, including the contractor’s facilities, shall be fully equipped and ready to begin performance within 30 calendar days of the award date. Upon approval by the COR, the contractor has 30 calendar days to relocate all vessels identified by the COR from their current location to the proposed storage facilities.

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

e) Contractor shall make storage arrangements for the vessels anywhere in the United States or internationally as requested and approved by USMS CO/COR.

4) FACILITY REQUIREMENTS

The contractor shall provide and operate facilities which fulfill the requirements set forth in this Statement of Work (SOW).

a) Indoor and Outdoor Storage Requirements for the Miami Facility

1) Storage facility must accommodate the number of dry docked and wet docked vessels listed on the pricing schedule.

2) The contractor must have signed Memorandums of Understanding (MOU) or Leasing

Agreements, which will be used to secure the indoor and outdoor storage facilities.

3) Storage rate shall be all inclusive of expenses—insurance and overhead expenses.

b) Physical Security Requirements for the Miami Facility

1) The contractor shall provide secure indoor and outdoor storage facilities, maintenance, viewing and sales areas for all USMS assets.

2) USMS vessels shall be segregated from all non-USMS vessels with a barrier to restrict all unauthorized access indoor and outdoor. Acceptable barriers include cyclone fencing units.

Security tape is not an acceptable barrier. Wet docked vessels shall be segregated in an area specifically for USMS vessels. If necessary, a USMS vessel may be located in a non-segregated area of the facility, but only with prior COR approval.

3) Indoor and outdoor facilities must have video surveillance. Video must be kept for at least thirty (30) days.

4) Indoor facility must have motion sensors and all entry points to indoor facility must have alarm contacts.

5) Indoor facility must limit both physical and visible access to assets stored and maintained to approved persons.

6) The contractor shall provide a detailed physical security plan that should include at a minimum:

i. Facility Location – state the address of all locations to be utilized under this contract

ii. Facility Requirement – total amount of square footage required for indoor and outdoor facility and how much storage area vendor has available

iii. Physical Security Requirement – describe area where vessels will be stored, alarm system, video surveillance system, emergency response notification, access points, indoor and outdoor lighting

iv. Photos – provide photos of the indoor and outdoor facility

v. Schematic – provide a sketch of the facility and where items are located (parking;

indoor and outdoor storage; and layout of vessels, doors, security cameras, lighting, fencing, etc.)

vi. Preview and Auction Day – facility, resources, standard operating procedures

7) USMS COR will perform monthly and unannounced inspections of facility, assets, case files and processes.

8) Loss, theft, or damage to any vessel while in the contractor's custody shall be reported immediately to the COR. In the case of loss to the vessel, the contractor shall replace the vessel with that of like or equal value or, in the case of damage, repair any damage to the vessel, as instructed by the COR, within 20 days of notification. The contractor or subcontractor shall report vessel theft and/or vandalism 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 the contractor or subcontractor receiving the report.

9) The perimeter of the entire outdoor storage dry dock facility shall be secured by one (1) six

(6) foot tall chain link fence with barbed wire and/or concertina wire attached Fence gate(s) are to be locked at all times except when vessels are being moved in or out and/or when conducting public viewing and public auctions. The wet dock area shall be secured with gated entry access, well-lit parking lot, video surveillance and other security deterrents to deter any unauthorized water access. Any deviation from this initial requirement shall require COR pre-approval.

10) The facility shall have at least one (1) locking gate wide enough to allow the passage of a semi tractor-trailer with wide load capability transporting a vessel into the storage facility, with gates minimum of 20 foot across.

c) Staffing and Access Requirements

1) The contractor shall be available, at its storage facility(s), 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, 365 days per year access.

2) Contractor shall have personnel and files located at the prime facility (Miami).

3) Contractor shall be available upon request from the COR for any outside visit (for example, audit reviews, inspections and/or by any other outside entity with COR pre-approval).

4) Contractor may be requested to travel for relocation or other related duties on the contract.

5) Contractor shall be available, in person at any and all locations domestically (to include

USMS HQ) within 48 hours of notice. If contractor presence is required at an international location, the COR shall determine reasonable availability with the contractor, but should need no more than 14 day’s notice.

6) Contractor must conduct themselves in a professional manner at all times.

7) Contractor shall provide COR with all personnel (navigation operators) relocating seized and forfeited vessels.

8) 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. The contractor will give the COR a list of all authorized contractor employees, upon award of this contract.

9) 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). The contractor shall annotate the names of those individuals, and if applicable, the organizations represented, and immediately notify the COR.

10) Any requests for information regarding seized vessels shall be forwarded to the COR immediately.

d) The contractor shall assume sole responsibility, as well as financial liability for all assets under their control at all times and at locations that have been authorized by the COR with a custodial agreement signed by the sub-custodian and the contractor.

e) The contractor must maintain insurance on all vessels in its physical or constructive custody.

Said insurance shall be immediately effective for each vessel upon the taking of custody, as represented by an STO. Said insurance policy shall name the U.S. Marshals Service (USMS) as an additional insured through the duration of the contract, all applicable insurance policies and proof of insurance shall be provided to the USMS every six or twelve months. It is the contractor’s responsibility to maintain all insurance relative to storage and transportation of all assets to be stored by USMS. Contractor should have the ability to increase insurance coverage based on contractor’s inventory being stored. If a vessel is deemed uninsurable, the contractor shall notify the COR immediately. Post award, it is the responsibility of the COR to provide the value of inventory at the beginning of each fiscal quarter to the contractor. If a discrepancy is identified for lack of sufficient insurance coverage, the government will issue and follow guidance of a cure notice.

f) Subcontractor Storage Facility

1) If additional storage (outside the primary Miami facility) is needed the contractor shall provide

(3) quotes (national or international) for storage—actual transportation cost from start to end destination, rent/storage + 5% administrative fee based on rent/storage amount. All itemized documentation (including original location rent/storage estimate) must accompany all monthly bills. If the location is outside seizing district area, other outside district personnel will check storage facility monthly and send photos to COR for approval.

2) If the contractor stores vessels at a subcontractor's location, it is the responsibility of the contractor to ensure the subcontractor is adhering to all aspects of the contract, unless there is an approved deviation in writing by the COR in advance to storage commending. The contractor will not charge the USMS for inspections of their subcontractor’s locations. The contractor will be financially responsible for any damage incurred by the subcontractor throughout the duration of the storage. The COR will review the proposed security plan for each sub- contractor’s location, and forward to the procurement office to be included in the contract.

3) The contractor will remain the sole USMS point of contact for all storage locations (primary and subcontractor locations). The USMS will ONLY work directly with the awarded contractor on any and all issues related to the sub-contractor. USMS will not work directly with subcontractors.

5) VESSEL RELOCATION

a) The COR shall notify the vendor of relocation via an STO.

b) The contractor shall coordinate all tugs/tows with the provided agency POC within twenty- four

(24) hours of notification by the COR. Any deviation from this shall be addressed directly with the COR for resolution. If any unforeseen delay occurs, contractor shall notify the COR for action.

This does not apply to tows during the Phase-In/Out period of the contract.

1) 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 closeout to determine time frame in which all assets need to be transferred. All relocations should occur no later than 30 calendar days from STO issuance.

c) Contractor shall submit transit method recommendations for COR pre-approval prior to any relocation.

d) The contractor shall meet with the USMS representative at a designated time and location and time to accept possession of a vessel and shall sign the USM-102 form as having received the vessel. If USMS representative is not available, the contractor may shall accept custody of the vessel and sign the USM-102 on behalf of the USMS. The contractor shall verify the year, make, model, hull number, length, color, registration or official identification number, of the vessel and trailer (if any), and the name of the vessel with what is written on the USM-102. The contractor shall notify the COR of any discrepancies within 24 hours. Vessels with fuel containers will not be relocated until the fuel is removed by the Investigative Agency.

e) The contractor shall inspect the fire-fighting equipment and United States Coast Guard safety equipment, and ensure that it is appropriate for the type and size of vessel before moving it under its own power. If the vessel does not have the proper fire and safety equipment, the contractor is required to have an emergency kit that is easily transferable to different vessels upon tug or relocation via water. The emergency kit shall include the minimum safety equipment required by the United States Coast Guard and any other applicable regulations and include, at a minimum, life jackets, fire extinguisher, line(s) and flares.

f) The contractor shall test the electrical system, bilge pump, and engine controls prior to moving the vessel under its own power.

g) The contractor shall secure all doors and ports, and shall close and secure all hatches prior to moving the vessel under its own power.

h) Fuel is a reimbursable cost for vessels relocated under their own power.

i) For vessels on trailers, the contractor shall check wiring, lights and connector pin for shorts and ensure brake light/turn signal system is functional and if possible, replace any burned out bulbs or broken lenses prior to towing.

j) The contractor may be directed to relocate a vessel to a location other than the contractor’s primary storage facility. This shall be ordered via STO from the COR.

k) If the contractor notices personal property items on the vessel, that are not part of the vessel, the contractor shall notify the COR immediately before completing the tug/tow.

l) The contractor shall use the USMS standardized tug/tow ticket for each vessel. A copy shall be sent to the COR in a Portable Document Format (PDF) by email within 5 business days of the tow date. A second copy shall be retained in the vessel case file.

m) As determined by the COR, Contractor may be asked to pay for service, fees, or any other invoice related to an asset at time of custody or during storage period. A STO will be submitted with detailed information of the service required. This is a reimbursable expense and the contractor shall submit an invoice on the next billing cycle.

6) INITIAL INTAKE

The following applies to all vessels regardless of the category and storage location:

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

b) The contractor shall establish/maintain a separate case file for each vessel covered under this SOW. Each case file shall include, at a minimum:

1) Tug/Tow ticket

2) Signed USM-102

3) Contractor supplied intake report

4) All documentation related to vessel condition, repairs, storage, disposal and all STOs

5) All maintenance documentation (or annotations if electronic documentation is available)

6) Digital high resolution photos of vessel (exterior, interior, engines, and all components)

7) Printout of system check verifying if vessel has been reported as stolen

8) Valuation of vessel (certified appraisal/marine survey/NADA Marine – as ordered by the

COR)

c) The contractor shall provide initial intake services within 5 business days. Any delay shall be discussed in advance with the COR.

d) Contractor shall be responsible for obtaining licensed operators for vessel/boat operation and abide by state/local and federal maritime laws/regulations.

e) Run vessel through applicable systems to verify if vessel has been reported as stolen prior to physical intake. If vessel to be found stolen notify COR immediately.

f) If vessel is deemed foreign registered, the contractor is responsible for obtaining documentation and registration information as ordered via STO.

g) The contractor shall take digital high resolution photographs (after vessel cleaning) of each vessel to include (if possible, with no other objects or vessels in the photos): fore, aft, starboard, and port sides, detailed interior pictures of every room, hull number, and an additional photograph of the number of hours on the engine(s), if applicable. The contractor shall also photograph all electronic equipment of value and provide sufficient photographs of any damage to the vessel.

One (1) set of digital color photographs (5 megapixel minimum or in a resolution reasonably acceptable to the COR) shall be e-mailed to the COR within five 5 business days of intake along with the tug/tow ticket and signed USM-102. The COR may request additional detailed photos.

h) The contractor shall inventory and remove all components and subassemblies of the electronic equipment (leaving wiring in place) and propellers that are subject to theft. The contractor shall place the removed items in a box(s) or plastic bag(s) clearly identify the related case number on the box(s) or bag(s), photograph all items and store in a dry, secure place. An inventory list shall be included with the tug/tow ticket and shall indicate where the various items are stored.

i) The contractor shall remove all trash, perishables, and fire hazards from the vessel (except fuel and oil stored in gas tank or engine machinery). Disposal of hazardous and flammable materials will be in accordance with all Federal, State, and Local laws.

j) The contractor shall inspect the vessel for seaworthiness and shall provide a written recommendation and estimate to the COR on all necessary repairs, and their associated costs, in order to maintain the vessel. If repairs are needed in order to maintain the current condition of the vessel, the contractor shall provide three (3) independent estimates for any repair(s) exceeding $2,500.00 (individually or in aggregate). All repairs performed without the prior written authorization by the COR will not be reimbursed to the contractor. The USMS may indicate "no repairs are to be made" on the delivery documentation. Repair invoice shall be included with the monthly invoice.

k) If the contractor discovers a potentially hazardous substance, or a hidden compartment, in a vessel (which was not already previously identified by the seizing agency or USMS) during the 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.

l) The contractor shall store all vessel keys in a secure depository. If keys are missing at time of intake, the tug/tow ticket must be annotated at time of intake. The contractor is responsible for having keys made for those vessels only if the COR approves a prior written request via STO.

Keys are to be replaced at contractor’s expense if not annotated as missing on the tug/tow ticket.

m) A full condition report and mechanical report shall be provided to COR for all vessels at the prime storage facility and any custodial locations. Condition reports shall be submitted monthly for all assets in custody with the invoice.

n) DRY DOCK INITIAL INTAKE PROCEDURES: The contractor shall provide initial intake services on a one-time only basis. Below is a list of the requirements.

1) Inspect vessel and complete intake form. Note any damage to the vessel and condition of engines.

2) Perform exterior wash. A fresh water connection shall be made available to wash the vessels.

Report any dangerous or illegal materials to the COR immediately.

3) Clean interior. The contractor may be required to remove human waste, as well as any other trash. Hazardous materials clean up requires prior COR approval.

4) If the vessel is not on a trailer, then the contractor will dry dock the vessel accordingly.

5) Make sure fluid drain holes are open.

6) Fuel tank: Clean or replace filter. Maintain a sufficient fuel level, or treat chemically to prevent condensation in fuel tanks.

7) Check steering and control cables. Lubricate moving parts on the control cables and any other moving parts. Inspect wiring harnesses for wear.

8) Check battery cables. Make sure the battery is fully charged. Clean battery cables, terminal points, and connectors.

9) Cover vessel with adequate covering (i.e. shrink-wrap or canvas), if instructed by COR.

10) Store vessel with stern lower than bow.

11) Position boat (and/or trailer) so that rain or other accumulation will drain through scuppers.

12) Engine: Pickle, drain, fill and grease for storage.

13) Check fluid level in the gear housing and add, if required.

14) Check the hull for cracks or leaks.

15) Pull the prop and grease the prop shaft splines.

16) Support boat with cradles strong enough to support stored boat.

17) Advise the COR of any conditions that may result in any additional costs to the USMS.

18) Trailer: Clean and repack trailer wheel bearings, as required. Ensure wheel lugs are tight;

tires are properly inflated; and trailer brakes are functioning properly.

19) Remove license plate from trailer and maintain in the case file until the trailer is ready for disposal. If the trailer is returned to the owner, the license plate should be returned to the owner with the trailer. Otherwise, the license plate shall be disposed of in accordance with DMV requirements after the disposal or sale of the trailer

20) Block the trailer to raise tires from contact with the ground.

21) Flush out the engine with fresh water if the vessel was in salt water.

o) If further service is required on dry docked vessels, the contractor shall notify the COR in writing.

p) WET DOCK OR MOORED INITIAL INTAKE PROCEDURES: The contractor shall provide initial intake services on a one-time only basis. Below is a list of the requirements.

1) Inspect vessel and complete intake form. Note any damage to the vessel and condition of engines.

2) Perform exterior wash. A fresh water connection shall be made available to wash the vessels.

Report any dangerous or illegal materials to the COR immediately. Vessel shall be pressure-washed and cleaned with marine approved, environmentally safe soap and water.

3) Clean interior. The contractor may be required to remove human waste, as well as any other trash. Hazardous materials clean up requires prior COR approval.

4) Fuel tank: Clean or replace filter. Maintain a sufficient fuel level, or treat chemically to prevent condensation in fuel tanks.

5) Install temporary bilge alarms, if the vessel is not equipped with them.

6) Secure all doors, ports, and hatches. If doors, ports and/or hatches cannot be secured, notify the COR immediately.

7) Check all mooring lines to determine they are serviceable.

8) Inboard - Check fluid levels of engine(s), out-drive, transmission, and generator, if present, and fill, as necessary.

9) Outboard - Check motor cowl for missing or broken parts, then remove cowl and inspect powerhead. Remove any debris and check for any frayed wires or insulation. Check fluid level in gear housing, and check the entire lower unit for cracks and/or leaks.

10) Start engine(s) - Run 20 minutes.

11) Start generator(s) - Run 20 minutes.

12) Spray the following components with a rust inhibitor, to prevent corrosion:

i. Exterior metal parts

ii. Winches

iii. Controls

iv. Control Cables

v. Behind instrument panel

vi. Generator(s)

vii. Alternator(s)

viii. Electrical contact

ix. Engine(s) Transmission

x. Autopilot

13) Clean and inspect all deck and hull drains.

14) Mold remediation: if mold is found notify the COR and provide (3) estimates if over $2500.

15) Provide shore power, when available and appropriate, to maintain batteries and to power automatic bilge pump.

16) Remove sails, place in canvas sacks, and store in a dry place.

17) Cover boat with canvas cover, if provided in the boat equipment or instructed by the COR.

18) Vessel shall be docked, or moored, in a manner to prevent damage to the vessel.

19) Check battery cables. Make sure the battery is fully charged. If battery is not fully charged, charge to full. Clean battery cables, terminal points, and connectors.

7) STORAGE

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

b) The contractor shall provide clean and orderly indoor storage 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. If any signs of infestation occur, it shall be the contractor’s responsibility to abate.

c) Contractor shall provide ability to provide dock side electricity or inside storage (climate controlled) for vessels as pre-determined by the COR.

d) If subcontractor storage facilities are required, they must be approved in advance, in writing by the COR. It is the responsibility of the contractor to ensure that vessels stored at all sub-contractor storage facilities meet the USMS facility requirements stated in this SOW.

e) If the contractor proposes a different facility during the contract term, then the contractor assumes any costs for relocating all stored vessels to the new facility. If a material change to any facility or a change to its location is necessary, the change must be approved by the CO.

f) Trailers that are picked up with vessel will be stored at no additional cost. All others as per length.

g) 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.

h) The contractor shall not store or sell any personal property under this contract.

8) MAINTENANCE OF VESSELS

The contractor shall provide regular cycle inspections and perform maintenance for all vessels as determined by the COR. Maintenance may be monthly or phased, as pre-determined by the COR in consultation with the vendor as a vessel expert, during initial intake The maintenance schedule may change during the course of the storage and will be ordered by the COR. Contractor shall also have ability to perform, or sub-contract, for the performance of one-time maintenance and repairs.

Monthly maintenance costs will be invoiced using the maintenance CLINS. Other charges as ordered will align with the appropriate CLINS.

Dry dock vessels – Check and maintain tire pressure on all trailers, survey entire exterior (and interior if accessible) to verify there are no cracks, leaks, mold or debris. No other monthly maintenance shall be performed on dry dock vessels unless authorized in advance in writing by the COR.

a) Wet dock or moored vessels

1) Start engine(s) – Run 20 minutes

2) Start generator(s) – Run 20 minutes

3) Check and maintain fluid levels.

4) Spray the following components with a rust inhibitor, to prevent corrosion:

i. Exterior metal parts

ii. Winches

iii. Controls

iv. Control Cables

v. Behind instrument panel

vi. Generator(s)

vii. Alternator(s)

viii. Electrical Contact

ix. Engine(s) Transmission

x. Autopilot

5) Fuel Tank: Maintain a sufficient fuel level, or treat chemically to prevent condensation in fuel tanks.

6) Check exterior/interior for cracks or leaks

7) Clean and inspect all deck and hull drains.

8) Ensure vessel is kept in the same condition as received at intake.

b) 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.

c) The contractor shall provide a written recommendation to the COR on all necessary repairs, and their associated costs, in order to maintain the vessel.

d) Contractor shall provide a crew as requested by the COR for vessels that require onsite presence during the storage (wet-dock) phase to maintain operability of the vessel. The contractor will provide a preliminary report, intake assessment, and a proposed maintenance scheduled to be approved by the COR.

e) One-time charges as ordered by the COR may include:

1) Diver rate – this is a per hour rate to hire a diver to perform underwater maintenance and repairs/cleaning.

2) Hazardous materials clean-up – this is a charge to remove potentially hazardous items from inside a vessel.

3) Winterization and re-winterization – contractor shall provide ability to winterize a vessel (dry-dock or wet-dock) and/or shrink-wrap to limit exposure to weather elements.

4) Detailing services – contractor shall provide the ability to fully detail the vessel (this is above and beyond the regular cleaning and washing for sales preparation that is included in regular intake/disposal phases and shall be ordered in advance by the COR).

5) Sea trial – contractor shall provide testing phase for watercraft during the viewing period prior to a sale. This should be used in rare instances and shall be approved in advance by the COR. Contractor shall provide proper security and insurance for purposes of the sea trial to demonstrate proper operation of the main and auxiliary machinery, all under realistic conditions.

6) Inspection – this is a per hour rate, used in rare instances, where there is a pre-approved visit by an outside entity (other than the COR unannounced and monthly visits) wherein a knowledgeable representative is available to answer questions and allow access to a vessel(s).

9) WEATHER PREPAREDNESS

a) The contractor may be required to prepare vessels for incoming severe weather

(hurricanes/cyclones, storms, flood), or otherwise directed by the COR.

b) Contractor shall provide a weather precaution plan to the COR at the start of the contract and a specific plan of each asset (10) days prior to expectation of severe weather.

c) Contractor shall provide photos and assessment reports of each asset before and after a severe weather occurrence.

d) At any time, winterization or shrink-wrap may be ordered by the COR for any vessel.

10) APPRAISAL SERVICES

a) For appraisals for vessels that can be obtained by commercially available free sources, such as

NADA Marine, the contractor shall supply with the intake report, at no cost.

b) For vessels for which a commercially available free source is not available, the contractor shall advise the COR, as an industry expert, on the types of valuation resources suggested. This could include a certified appraisal, a marine survey, or some other type of valuation document. Any and all valuations should include statements for any onboard watercraft, any licenses and/or permits exclusive to the watercraft.

c) If so ordered, in advance by the COR, certified appraisals1 and marine surveys shall be conducted by a certified appraiser or accredited marine surveyor. Contractor may use its own certified staff or subcontractor with an entity which is certified.

d) Contractor shall submit final appraisal2 to the COR within 10 calendar days after completion of appraisal, unless there is prior discussion with the COR regarding timelines for delivery.

11) DISPOSAL OF VESSEL(S)

a) The COR shall determine the methods for disposal for all USMS vessels. The contractor shall receive written instructions for the disposal of all vessels via an STO. The primary method for disposal under this contract will be internet sale by contractor. The various other disposal methods include, but are not limited to, the following:

1) Internet Sale by Contractor/Broker

2) Disposal via Auction

3) Internet Sale by USMS Third Party Vendor

4) Sealed Bid Sale

5) Salvage/Scrap

6) Destruction/Crushing

7) Official Use by an Authorized Agency

8) Release to Lien Holder, Claimant, or Owner

b) Upon receipt of the disposal STO, the contractor shall run a domestic title search. A foreign title search shall only be run upon COR request.

1 Contractor shall know all applicable laws and rules in effect regarding appraisal standard by state.

2 Appraisal and marine survey document should use industry standards to provide an as-is condition value, it should also address if repairs are needed what the projected expense of repair shall be included along with a revised statement of worth if repair is accomplished. Range of value is not acceptable.

c) Upon receipt of the disposal STO the contractor shall check and/or add engine fluids; check the trailer tire pressure and add air, if necessary; check the battery; if necessary; wash the exterior and vacuum the interior of all vessels to be sold (except salvage/scrap or destruction). If needed, fuel/oil shall be added to all vessels prior to sale (this expense shall be included in the commission rate and shall not be invoiced separately).

d) Once written authority for disposal is received via the STO, the contractor’s responsibility to finalize the release shall include, but is not limited to:

1) Verify identification of persons requesting vessel and obtain signatures

2) Identification/confirmation of documents authorizing release of property (documents issued by USMS)

e) 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:

1) U.S. Department of Justice employees, including U.S. Marshals Service employees, as further restricted below;

2) Employees of the Asset Forfeiture Division, U.S. Marshals Service, and other U.S. Marshals

Service employees directly involved with the Asset Forfeiture Program, and their immediate family members, defined as any persons residing in the same household as the employee, whether or not related by blood or marriage; spouses; parents; parents‐in‐law; grandparents;

siblings; aunts and uncles; first cousins; and all their spouses;

3) Employees of any state or local governmental agency who, directly or indirectly, perform duties associated with the seizure and forfeiture of property by the U.S. Department of Justice, and/or which participates in the U.S. Department of Justice Equitable Sharing Program;

4) Contractors, sub‐contractors and the employees of contractors and sub‐contractors of the Asset Forfeiture Division, U.S. Marshals Service, who provide contract/management services for personal and real properties and complex assets;

5) Anyone acting in concert with or on behalf of any of the above persons.

f) 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.

g) Advertising for Contractor Auctions

1) The contractor is required to advertise for all contractor held auctions.

i. COR can reject or approve the content on the contractor’s website/page.

ii. The contractor is required to advertise assets for sale prior to auction(s).

iii. Contractor shall operate interactive website to facilitate advertisement of assets for sale and shall provide USMS portal access for online auctions. The contractor’s internet website will provide advertising of live and online auctions, sales schedules, and the auction catalog of assets available for sale. The contractor’s internet website will clearly post embedded color digital photographs or hyperlinks to clear color digital photographs, descriptions of the items available for sale, and a minimum bid amount. The COR reserves the right to request update/revision/removal of any vessel for sale at any time.

iv. .

v. Contractor shall clearly state in all advertisements that all forfeited vessels are sold “AS IS, WHERE IS”.

vi. Foreign Registered: Contractor shall clearly state for foreign flagged vessels in all advertisements “it is the buyer’s responsibility to register where it was flagged, or de-flag and flag it in another country”.

vii. Contractor SHALL NOT DISCLOSE HULL NUMBER or CATS ID number in any advertisement.

viii. Contractor shall advertise all sales via contractor operated Internet website and specialty vessel websites (ex. Boat Trader and/or Yacht World). COR shall have access to view the website advertisement. Costs for advertisement shall not be billed directly to the USMS; unless contractor is requested via STO to provide specialty advertising in other markets, including but not limited to international markets.

ix. Contractor may be asked to take high resolution photographs for sales and marketing purposes. Pictures should be taken from a professional perspective to maximize the vessel for sales purposes.

x. COR must review advertisement prior to posting, COR has the right to approve/reject the advertisement.

xi. Contractor shall send COR the link to their website for additional posting of advertisement on the USMS website.

h) Viewing Period for Contractor Auctions

1) The contractor is required to allow the public to view and access the vessel prior to the day of auction.

i. The contractor, prior to viewing day, shall prepare the property for sale.

ii. Viewing day shall be for an 8 hour period on the day prior to the sale. The contractor may also hold an additional viewing period on the day of sale prior to auction.

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

iv. The contractor shall not charge any admission or entry fees, or charge for a sales list.

v. The viewing area shall be segregated from the remainder of the dry dock storage facility

vi. The viewing area of wet dock storage facility shall be an open area near a marina main area.

vii. Any deviation shall be pre-approved by the COR.

viii. Vessel offered for sale shall be unlocked for inspection.

ix. Contractor shall start vessel engines upon request.

i) Procedures for Contractor Auctions

1) The following procedures shall be followed for internet sale by contractor, sealed bid sale and disposal via auction sale methods;

i. Contractor shall advertise all sales on their owned and operated online sales platform.

ii. Online internet sale is the preferred method, unless otherwise directed by the

COR, in consultation with the vendor as the vessel disposal expert.

iii. The contractor’s internet website must allow bids to be placed on an online platform where each bid is displayed publically. System must have ability to also hide bids if so requested in advance by the COR.

iv. Auctions are to be held at COR discretion.

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

vi. The USMS reserves the right to remove any vessel from the storage facility or auction at any time prior to sale.

vii. Sales terms and conditions shall fully define bid process, bid deposit, pick up process and sales proceeds closeout process.

viii. Under no circumstances will public bidders be charged a Processing Fee, Admission Fee, or any other charges or fees, other than the bid price tendered by the winning bidder. Unless authorized in advance by the COR, the public bidders will not be charged a Buyer’s Premium Fee. If a Buyer’s Premium Fee is approved by the COR than no commission shall be billed for those assets.

ix. The COR will notify the contractor with the minimum acceptable bid, in writing.

x. 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 vessel is sold, but sale is not finalized. Forfeited bid deposits shall be given to the USMS.

xi. The contractor will supply the Coast Guard Bill of Sale for each vessel sold. The contractor is responsible for completion of the Coast Guard Bill of Sale on the day of the auction. This document shall be issued to the purchaser upon full payment of the vessel. The contractor will not be responsible for registering a vessel with the Coast Guard.

xii. The contractor shall provide all keys to the purchaser for each vessel sold.

xiii. The USMS will cease paying storage expenses beginning on the day after payment is received by the USMS.

xiv. The contractor shall not charge the Government any sales fees, commission, etc., for a vessel which is not sold.

xv. The contractor shall issue a receipt to the purchaser(s) for money received, which will indicate the purchaser's name, address, date, vessel selling price, and a description of the vessel to include; Hull #, year, make, model, and serial number.

xvi. 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.

xvii. The contractor shall submit gross sales proceeds and sales documents to the COR within five (5) business days of the auction via Electronic Funds Transfer (EFT). All gross sales proceeds are property of the USMS and shall not be used by the contractor. Within five (5) business days the contractor shall submit to the COR post-auction sales results, which shall include the AIN, District Office, asset description, name of purchaser and sales price.

j) Disposal via Sale

1) Internet Sale by Contractor/Broker

i. Contractor may be asked to take high resolution photographs for sales and marketing purposes. Pictures should be taken from a professional perspective to maximize the vessel for sales purposes.

ii. COR must review advertisement prior to posting, COR has the right to approve/reject the advertisement.

iii. Contractor shall send COR the link to their website for additional posting of advertisement on the USMS website

iv. The contractor’s internet website must allow bids to be placed on an online platform where each bid is displayed publically. System must have ability to also hide bids if so requested in advance by the COR

v. The contractor shall post the sales terms and conditions for USMS auctions, and USMS Forfeited Property Sales Certification on their website where it can be viewed by prospective buyers.

vi. In order for prospective buyers to bid appropriately the following information shall be posted during an online auction for each vessel being sold:

1. Photos

2. Viewing date/time

3. Bid opening date/time

4. Bid closing date/time

5. Reserve (Determined by COR)

6. Bid Deposit (Determined by COR)

7. Year, Make, Model of vessel

8. Engine information

9. Radio information

10. Interior information

11. Sales Terms and Conditions

12. Statement that all forfeited vessel are sold “AS IS, WHERE IS”

13. Payment process

2) Sale via Auction

i. Auctions shall be held at the primary storage facility.

ii. If the contractor proposes an alternate location (for some other reason), it must be approved prior in writing by the COR. As such, all expenses incurred are the responsibility of the contractor, and the contractor assumes full liability of the movement.

iii. If the COR directs use an alternate sales location, the contractor can bill the USMS for relocation of assets.

iv. Auctions must be conducted by an auctioneer.