7._SOW.pdf

United States Marshals Service

Asset Forfeiture Division

STATEMENT OF WORK

1. INTRODUCTION

The United States Marshals Service (USMS) is the nation’s oldest and most versatile federal law enforcement agency. Among the many critical law enforcement services provided by the agency, the USMS is responsible for managing and disposing of seized and forfeited assets acquired by criminals through illegal activities and plays an integral role in the Department of Justice’s Asset Forfeiture Program. The USMS Asset Forfeiture Division plays a critical role in identifying and evaluating assets that represent the proceeds of crime as well as efficiently managing and selling seized and forfeited assets.

The purpose of this requirement is to provide contractor support for the care and management of animals.

Animals may or may not be involved in illegal fighting operations.

The contractors performing services under this Agreement shall provide coverage for all 94 USMS District Offices within the continental United States, Alaska, Hawaii, Puerto Rico, the US Virgin Islands, Guam and the Northern Mariana Islands.

This procurement will be issued as a Blanket Purchase Agreement to one or more qualified contractors.

2. BACKGROUND – Animals involved in illegal fighting operations

The Office of Justice Programs (OJP), in coordination with the USMS and the Environment and Natural Resources Division (ENRD) of the US Department of Justice (DOJ), is seeking contractors to provide seizure support, transportation, daily care, treatment, food, kennel boarding, behavioral assessments, disposal services and expert witness support for animals involved in illegal fighting operations.

Contractors should be prepared to provide evidentiary support, such as documentation on the condition, care, and assessment of any seized animals and expert witness services regarding the seized animals as needed. The contractor would agree to provide such services upon request by USMS for any federal animal fighting seizure that arises in any judicial district during the term of the contract, including seizures that span multiple judicial districts.

Animals which could fall under this contract will primarily be dogs and chickens, but may include other animals involved in illegal fighting operations.

The enforcement of animal welfare laws is a matter of importance to the DOJ. The prevention of animal cruelty is a broad concept that has a long history in American law, starting with the early settlement of the Colonies. Animal anti-cruelty laws exist in all fifty states and the District of Columbia, and they generally prohibit the unnecessary killing, mutilating, torturing, beating, and neglecting of animals. Animal fighting is now illegal in all 50 states, where active participation in certain animal fighting is a felony. Federal law also criminalizes nearly every aspect of animal fighting – from the transport, purchase, training and possession of animals intended to be used in a fight, to the sponsoring of animals in a fight. Federal law also makes it unlawful to attend an animal fight or cause an individual under the age of 16 to attend an animal fight.

Animal cruelty prevention also intersects with areas of broader importance to the Department – improving our understanding of, and preventing, both interpersonal violence and organized crime. Research suggests that certain forms of animal cruelty – such as dog and cockfighting – are closely linked to other criminal and gang activities that pose a threat to public safety.

OJP provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of-the-art knowledge and practices across America, and providing grants for the implementation of these crime fighting strategies. As most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter into partnerships with local agencies. OJP works in partnership with the justice community to identify the most pressing crime-related challenges confronting the justice system and to provide information, training, coordination, and innovative strategies and approaches for addressing these challenges.

The Animal Fighting Venture Prohibition of the Animal Welfare Act provides that any animal involved in an animal fighting venture seized by a United States Marshal or any person authorized under the section shall be cared for by the United States until final disposition of the animal. 7 U.S.C. § 2156(f). Based on the Government’s analysis of historical data on animal seizures, the number of animals (dogs) involved in this task could be between 45 and 625 dogs per 12-month period.

3. BACKGROUND – Animals not involved in illegal fighting operations

In addition, contractors are needed to provide seizure support, transportation, daily care, treatment, food, boarding, behavioral assessments and disposal services for other types of animals not involved with illegal fighting operations. This may include, but is not limited to, horses, cattle and sheep.

Over the last 12 month period, there were no animal seizure cases not involved in fighting operations;

however over the last 5 years, the USMS has managed over 80 horses.

This broad requirement for services will facilitate the Government’s ability to maintain seized and forfeited personal property assets, specifically animals, while under its care.

4. PARTIES AND PURPOSE

a. This contract is between the contractor and the (USMS) through which the contractor will provide the required services.

b. The purpose of this requirement is to provide onsite seizure/evidentiary support, transportation, daily care, treatment, food, kennel boarding, expert witness services as needed and disposal services for the animals.

5. DEFINITIONS AND TERMS

a. 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).

b. BASIC VETERINARY CARE FOR DOGS: The routine veterinary procedures for the well-being of the dogs often performed on a regular basis to include but not limited to regular vaccinations, worm testing, de-worming, veterinary examinations, routine blood tests, and routine or non-invasive veterinary treatment and procedures necessary to ensure the health of the seized dogs.

c. BASIC VETERINARY CARE – HEARTWORM TREATMENTS: This veterinary process is for dogs that are heartworm positive and medication is administered to the dogs in a 28 day cycle (known as “slow kill”.) THIS IS NOT FOR MONTHLY PREVENTATIVE HEARTWORM

TREATMENTS.

d. BUSINESS HOURS: Hours between 8:30 AM and 5:00 PM, Monday through Friday, excluding Federal Government holidays. Alternative hours of operation shall be pre-approved by the Contracting Officer’s Representative (COR).

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

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

g. DISPOSAL TRANSPORT FEE: This is a fee associated with the disposal of carcasses after humane euthanasia.

h. EXPERT WITNESS: Qualified individual who will provide forensic, medical, behavioral, and/or investigative analysis to a court of law in support of any criminal or civil case the Federal Government may pursue relating to animal fighting.

i. KENNELING: Services to include but not limited to housing, feeding, bathing and grooming.

Kenneling shall be billed per dog kenneled.

j. MISCELLANEOUS EXPENSES: Expenses that are not otherwise specified in the SOW; pre-approval is required for invoicing purposes along with receipts.

k. NECROPSY: An autopsy performed on an animal.

l. OFFSITE FOSTER CARE: Boarding rate for any dog(s) which may be housed at a foster care home versus the main storage facility. Contractor must demonstrate how this method of care is best for the animal’s medical or behavioral condition. Any offsite foster care must have COR approval before the animal(s) is transferred to a foster care location.

m. SPECIAL VETERINARY CARE FOR DOGS: The care for any dogs not performed on a routine basis to include but not limited to non-routine/specialized treatment(s), undertake invasive procedures, “fast kill” method (blood work, radiographs, and multiple injections of the appropriate medication for a month) for heartworm positive dogs or performing of humane euthanasia. Appropriate methods should be utilized to humanely euthanize a dog and the euthanized dog should be disposed of properly. Prior COR approval is required before special veterinary care is performed.

n. 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.

o. TRANSPORTATION: Includes any necessary transport to the contractor’s facility or to other locations as directed by the COR. Transport shall be billed per dog transported. Unit billing for all other animals types will be determined based on volume with pre-approval from the COR.

p. TRAVEL: Includes any necessary costs associated with travel of expert witness services performed.

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

6. TASK

All services shall be requested via a sub-task order (STO). The STO shall indicate date(s)1, place of performance, approximate number of dogs, number of locations and the state(s) they are located in, and any technical instructions required at that time. Due of confidentiality, information regarding the specific locations of the dogs will be provided within (days) of seizure. All information shall be shared with the contractor by the USMS as soon as practical and safe to share. The assigned COR at the USMS shall issue a STO to the contractor(s). The contractor(s) shall submit bids and an operational plan for each

1 The USMS will strive to provide as much advanced notice prior to requesting onsite mobilization for any seizure operation; however contractor shall be prepared within 48 hours’ notice for seizure operations located within the continental United States.

task to the COR via email by the specified date and time noted in the order. If the COR does not receive the bid within the specified timeframe noted in the order then the bid will not be considered for that contractor. The COR will notify the successful contractor.

7. REQUIREMENT: OPERATIONAL PLAN

a) Contractor shall prepare and transmit to the USMS an Operational Plan2 that includes:

i. Point(s) of contact for operational coordination prior to the time of seizure along with the composition and credentials of all team members to be onsite day of seizure.

ii. Proposed plan3 for handling animals after the suspected scene has been secured by law enforcement to include collection4, identification, as needed triage care and safe transport.

1) Contractor shall provide naming schema and identification of breed on visual inspection; identify any animal who may be unsafe for immediate assessment and plan accordingly for removal of the animals; contractor shall remove the animals and assess onsite or at a staging area.

2) Contractor may be requested to conduct onsite testing if blood stains are observed using luminol, sample biological materials, and collect DNA samples for subsequent testing.

3) Seriously injured animals shall be stabilized onsite and sent for immediate care.

4) Plan should provide for any animal(s) found deceased onsite.

a) Any animals found dead or that dies onsite or immediately after removal may be sent for general necropsy at the request of the COR.

I. If immediate necropsy is not available, animal(s) shall be refrigerated and not frozen; however, if there is a delay in the conduction of the necropsy on a dog greater than four days, the animal(s) should be frozen.

II. If buried or burned animals remains are located at time of seizure, the contractor may be asked to provide for removal with a team familiar with grave excavation, forensic entomology and botany. Excavation should be limited to a specific identified area at the seizure location using shovels and no heavy equipment. Billing shall be per excavation site.

iii. Proposed strategy to house the animals after the time of seizure. This strategy may be a centralized location, a series of partnered facilities/shelters or a combination of the two.

iv. Proposed strategy for maintaining security at the facilities where the animals are to be housed.

v. Relocation strategy to transport the animals from the various seizure locations to the contractor’s storage location(s).

b) Participate in pre-seizure meetings to discuss operational strategy

c) Contractor shall not communicate with anyone except USMS and investigative agency personnel at the seizure location, to include potential owner(s), targets, press, etc.

d) Contractor shall provide the following key personnel:

2 All OPERATIONAL PLANS must be presented to the USMS COR prior to release to any other related party (e.g.

Investigative Agency (IA), task force officer, or DOJ representative). Failure to do so may result in a cure notice. The USMS COR must be included in all planning and operational meetings.

3 It is the preference and recommendation by the USMS that chickens will be euthanized onsite due to the many complex health issues and related storage concerns of chickens if the animals are surrendered. If not surrendered, it is the preference of the USMS that an onsite custodial agreement is established.

4 If upon arrival to the target location(s), no animals are identified for seizure and/or transport, the contractor shall bill the USMS for the transportation charges for the amount of dogs as annotated on the original pricing schedule and noted on the STO. This charge shall only be for transportation expenses as there would be no charges for kenneling or veterinarian services.

i. A designated point of contact for 24 hours per day, seven days per week, 365 days per year for operational/animal centric issues.

ii. Expert witnesses as needed for the criminal or civil cases litigation.

iii. A centralized point of contact for billing and administrative issues.

8. REQUIREMENT: DOGS

a. Transportation5

i. Contractor must be compliant with all applicable Federal, State and local laws, regulations and ordinances regarding transportation of animals and be properly licensed to operate all equipment used.

ii. If contractor and assigned personnel are delayed from staging location and unable to access location where animals are located longer than 3 hours with no more than 12 hours per location after anticipated start date, the contractor shall charge a flat rate fee and shall remain at staging area until directed differently by the COR. Start time shall be communicated by the COR.

iii. Contractor shall perform an examination onsite to assess animal health for triage purposes prior to transport.

iv. All dogs shall be transported via automobile or specialized transport vehicle. All contractor vehicles shall not have any company markings for security reasons.

v. If a dog must be transported via airplane, the contractor shall provide a written statement to the COR which outlines why the dog cannot be transported via automobile. COR pre-approval is required.

vi. All dogs shall be transported in travel crates. Travel crates must be secured within the vehicle to prevent movement during transport.

vii. All dogs shall be kept inside the transport vehicle during the time the vehicle is in motion.

viii. All dogs shall be transported at a temperature which will prevent heat stress or exposure to cold.

ix. Dogs shall be crated individually except where otherwise indicated for health or welfare reasons.

x. The contractor shall provide the necessary sustenance for any dogs during the transport phase as required.

xi. All dogs shall be taken out of the vehicle on a regular cycle if the vehicle is not specialized to accommodate for the dogs’ welfare needs during the transportation phase, and in accordance with applicable State laws regarding animal transportation. The contractor shall adhere to a cycle suitable to provide the best care for the animals.

b. Facility:

i. Contractor must be compliant with all applicable Federal, State and local laws, regulations and ordinances regarding kenneling and care of dogs throughout the life of the contract.

ii. 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

5 If the transportation contract line item is required for any other purpose other than those specifically defined within the SOW, the contractor shall propose its use, with full explanation, to the CO/COR to review and potential pre-approval. If pre-approval is not obtained, the USMS is not responsible for any charge incurred.

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 onsite 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

iii. The contractor shall obtain and maintain active 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.

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. If throughout a fiscal quarter, a high valued asset is received in inventory (not a fighting animal), 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.

iv. Contractor shall obtain COR pre-approval before transporting any dog from the main daily care facility to another location. The reason for transport must be defined.

v. The facility must have, at a minimum, inside and/or outside runs not less than 48 inches wide with a minimum length of 10 feet.

vi. Pens must be at minimum 16 square feet per dog and must be large enough for the dog(s) to turn about freely, to stand erect and lie down in a natural position. Dogs shall be caged individually except where otherwise indicated for health or welfare reasons;

including but not limited to cohousing puppies and/or housing puppies with their mother until it is appropriate to house them separately. Deviations from this requirement must have prior COR approval.

a. If a kennel is not fully enclosed (one or more sides open to the outside elements), contractor shall present plan to protect animal(s) from extreme weather, such as temperatures below 32 degrees Fahrenheit, accumulating snow conditions, excessive icing or other related weather conditions such as tropical storms and/or hurricanes. It is the responsibility of the contractor to ensure the health and welfare of the animals in their care at all times

vii. The facility must be able to provide lighting by either natural or artificial means and a minimum of thirty candlepower lights except where contraindicated for health reasons.

The amount of light each dog receives per day should match the natural light for the season as much as is practicable. A means to control the amount of sunlight entering dog quarters during the warm seasons of the year shall be provided. All dogs shall have a ready means of escaping the heat and direct sunlight at all times.

viii. The facility must have adequate environmental sanitation to keep vermin away.

ix. The facility must have running water.

x. The contractor must remove feces and other excreta at least twice daily and sanitize the runs daily. Excreta shall be disposed of in a sanitary manner.

xi. The facility must be ventilated in such a manner as to provide fresh air at all times.

xii. If during the course of the period of performance the contractor has a need to relocate all dogs from the main storage location originally proposed to another storage location, COR pre-approval is required along with facility inspection prior to transfer of dogs. The cost of transport shall be borne by the contractor.

c. Staffing and Access Requirements

i. 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. It is preferred the contractor have onsite presence 24 hours per day. If not, contractor shall provide a point of contact for 24 hours per day, seven days per week, and 365 days per year access. If a deviation from these hours is required, it must be approved in advance by the COR.

ii. USMS COR or COR designee will perform monthly and random inspections of facility, dogs, records, and processes. The COR will provide the names of any other visitors to the facility prior to the scheduled visit, which must be arranged within 24 hours before the stated time.

iii. If contractor proposes an alternate foster care facility, it must be pre-approved by the COR.

The contractor shall supply the COR with a physical security plan and photographs of the proposed facility. The USMS will pay for the initial transport, basic daily care and veterinary fees for any dog at offsite foster care. If additional transport is required for veterinary care or other purposes, it must be pre-approved by the COR. The daily rate shall be the same billed rate as for the main storage facility. The foster care facility shall provide care for the dogs as does any main storage facility. All alternate foster care facilities must:

1) Have a written agreement with the contractor specifically releasing the United States government, including the Department of Justice and USMS from any liability for any harm/damages incurred while the dog(s) is in their location. The contractor may also require additional forms for this purpose.

2) Have a written agreement in place with the contractor specifying the terms and conditions of the fostering of the dog(s). The written agreement between the contractor and the offsite kenneling location must be approved by the COR.

iv. The COR or designee (administrative or operational personnel, investigative agencies, United States Attorney Office (USAO) representatives, etc.) must be able to access the dogs sheltered at any alternate foster care facility within 24 hours of notification to perform random and/or monthly inspections. The COR will provide any alternate designee names of potential visitors prior to the visit. Access shall not be granted under any circumstances without COR pre-approval.

d. Requirement: 1st Medical Assessment

i. After transportation, and upon arrival at the facility (ies), the contractor shall provide an in-depth medical assessment of the dog and its condition. This exam must include complete photographic and written documentation, a complete physical examination including signalment (sex, estimated age, breed and color) and supplemental documentation to include a clearly marked scar chart (body diagram of wounds and scars). This report shall not replace the more in-depth medical examination and/or the behavioral assessment. The medical assessment shall be sent electronically to the COR within 72 hours of custody. A complete file with all intake photos for all animals seized shall be sent to the COR within seven days of custody.

e. Requirement: Care and Treatment of Dogs

i. Care of the dogs shall include the following:

1) All dogs shall be kenneled 6 and shall not be exposed to any excessive heat or cold conditions.

2) All dogs shall be segregated, as appropriate, for health, welfare or breeding reasons and any aggressive/vicious dogs shall be caged separately.

3) Licensed veterinarian must be on call and available to perform special veterinary care as needed at all times.

4) Facilities for isolating dogs under quarantine for treatment of communicable diseases shall be in a room or area that is separated from other dog-holding facilities if the medical condition of the dog dictates the separation and the subsequent housing of the animal. All recommendations shall be provided by a licensed veterinarian.

5) Dogs shall be provided with clean fresh water and sufficient and wholesome food. Food and water containers shall be kept clean and sanitized.

6) Dogs shall be exercised on a daily basis unless the dog is subject to medical treatment(s) which would prevent daily exercising or if the dog is deemed too dangerous for contact.

a) If the contractor believes that the safety of their staff will be compromised if a particular dog is moved, then the contractor shall notify the COR immediately.

7) Contractor shall provide and/or obtain basic medical care including veterinary treatment (i.e., regular vaccines, de-worming, bi-annual dental exams) as needed in order to ensure the well-being of the dogs. There shall only be one charge per month per dog for basic vet care.

8) Contractor must notify the COR immediately of any serious illness or injury that requires veterinary treatment. COR shall provide emergency notification numbers that can be used outside of normal business hours. It is imperative that the contractor make every available attempt to contact the COR prior to procuring emergency veterinary services as a result of a serious illness or injury.

9) Only approved United States Department of Agriculture (USDA), Food and Drug Association (FDA), and Environmental Protection Agency (EPA) products are to be utilized on the dogs. These products must be in accordance with the approved product use guidelines.

10) Contractor shall have appropriate staffing with the ability to recognize common health problems and know how to utilize dog health products and other control measures.

11) If prevention and control methods are ineffective, the contractor should promptly contact a licensed veterinarian for a diagnosis and treatment program to minimize dog suffering and dog losses.

12) Prior COR approval is required in the event an animal needs to be euthanized.

Appropriate methods should be utilized to humanely euthanize the animal and the animal should be disposed of properly.

13) Special veterinary care, approved by COR in advance, is to be performed by a licensed veterinarian. In the case of emergencies outside of business hours, contractor has the rights to perform necessary care, not exceeding $2,500, to prevent any harm to the dog(s). COR shall provide emergency notification numbers that can be used outside of normal business hours. It is imperative that the contractor make every available attempt to contact the COR prior to procuring special veterinary services.

14) If any dogs are found to be pregnant, contractor shall:

a) Provide suitable warmed clean area for whelping and care of newborn puppies. This includes a whelping box and other supplies to assure the safe birth of the litter and a small warm box with heating pad for newborn puppies after birth.

6 Daily kenneling starts for all dogs upon the arrival at the facility. See disposal section for timeframes for billing purposes for surrendered and forfeited dogs.

b) Consult/provide an individual with experience to monitor the whelping process. This individual will ensure that the puppies are being properly fed, either via suckling from the mother or being hand fed if there are suckling issues with either the mother and/or puppy.

c) Provide a report via email to the COR within 48 hours of birthing to include at minimum the quantity of puppies, date of birth, gender, weight, and health status for each puppy.

d) Provide a safe area for confining the puppies when they become mobile and a secure option for the mother to temporarily remove herself from the puppies as desired.

e) Assure vaccinations are given at six to eight weeks after birth.

f) If at any time prior to the 63 calendar days (9 weeks) post birth of any puppies, the mother dog is surrendered, the contractor shall bill the USMS for kennel and veterinary care no more than 63 calendar days (9 weeks) post birth (at the daily kenneling rate); contractor shall bill a lesser amount if contractor practices are to adopt earlier than 63 calendar days (9 weeks)7.

g) Report any incidents related to the puppies to the COR within 24 hours.

15) Any dogs seized outside the continental United States will be held on the respective island/state for 15 days to allow an opportunity for a defendant in the relevant criminal case or claimant in the relevant civil forfeiture case to arrange to have the dogs evaluated. After the 15 days, the dogs will then be transferred to the continental United States as soon as possible but not more than 30 days after the date of seizure unless a federal court orders otherwise. The USMS and the relevant USAO will help identify an appropriate place for the dogs to be held before transfer.

f. Requirement: Complete Medical Assessment

i. Contractor shall conduct a comprehensive, in-depth medical evaluation and assessment for all dogs in their care within 30 days of custody, or sooner if possible. If a court order indicates a time frame in which a complete medical assessment is required, prior to the 30 day time frame, the COR shall notify the contractor immediately. The complete medical assessment should contain the preliminary information from the initial assessment and intake photographs at time of custody, along with exam findings (clinical exams and/or necropsy findings) photographs of conditions, scar charts, or other supplemental documentation as necessary, re-check examinations and all laboratory or other diagnostic test results for any treatment rendered.

g. Requirement: Behavioral Assessment

i. Contractor shall socialize and perform behavioral assessment for all dogs and should include, but not be limited to:

1) Testing and monitoring the dogs’ ability to cue to human gestures.

2) Observing, testing and monitoring the dogs’ ability to cue to other dogs.

3) After assignment of behavioral categories, the contractor shall provide a complete behavioral analysis to the COR within 10 days of intake.

4) If at any time during socialization and behavioral analysis the dogs’ behavior results in continual regression, the contractor will notify the COR so corrective action may be taken for the welfare of the contractor’s staff, the dog and the other animals at the

7 If a mother dog is surrendered, it would apply to any offspring as well. Offspring are billed at the per day kenneling rate.

facility. The COR shall notify the appropriate parties (USAO/IA) for review and consultation on next steps. It is likely euthanasia will be recommended at this point.

h. Requirement: Record-keeping

i. Contractor shall maintain on a current basis complete and accurate records and account for all expenditures of funds under this contract in accordance with generally accepted accounting principles and instructions provided by COR to facilitate onsite auditing and inspection of such records.

ii. Contractor shall permit COR or designee onto premises at any time during normal business hours for inspection of the dogs, facility, and all records relating to this contract. The contractor shall maintain all records through the duration of this contract.

iii. Contractor shall maintain all records pertaining to the health and veterinary treatment of the dogs and provide upon request by CO/COR.

iv. Contractor shall maintain all records pertaining to the dogs’ medical assessment and subsequent behavioral assessment(s) conducted during interactions between the contractor and the dogs.

1) The contractor shall annotate the files of all dogs for significant developments/behavioral improvements and/or regressions and update behavior grades as appropriate.

i. Requirement: Expert Witness Services

i. Contractor will provide personnel able to conduct expert witness services if requested. All expert witnesses must provide a curriculum vitae (CV) showing their experience in conducting analysis of dogs involved in dog fighting operations.

ii. Expert witness services may include but are not limited to:

1) Conducting behavioral assessments of dogs which may have been involved in dog fighting operations include hands on behavioral evaluation and report of observation and recommendations.

2) Providing written reports and/or opinions to be used as evidence in a court of law on any of the dogs. This may include but is not limited to a descriptive narrative of the condition in which the dogs were found, documented condition, and all information contained with the medical assessment report (with all scar chart evidence), behavioral assessment report and a comparison of the behavior of dogs related to the said specific seizure/location with the behavior of other populations of dogs originating from comparable circumstances.

a) Any written reports and/or opinions should be delivered within 10 business days of conducting the analysis of the dog(s).

3) Providing testimony in court if required.

iii. The contractor shall be reimbursed for travel expenses incurred for expert witness services.

These expenses shall include transportation costs, lodging, meals, incidental, and expenses (MI&E). Information regarding Federal Travel Regulations and Procedures can be obtained at the following website: www.gsa.gov. First class airfare and other upgraded methods of travel will not be reimbursed.

j. Requirement: Transfer of dogs

i. If at any time during the period of performance, the USMS, COR and/or the DOJ determines that any or all dogs in the care of the contractor should be transferred to another facility or location, the COR will notify the contractor as soon as possible. The physical transfer will be the responsibility of the United States and will relieve the contractor of any further responsibility under this contract.

k. Requirement: Disposal

Disposal can be determined by various means. Disposal can be defined as: disposal via surrender, disposal via forfeiture, or release to claimant/owner.

i. Disposal via surrender

1) If during the actual seizure, the “owner” of any dog(s) willingly signs a surrender form, then that dog(s) will be transported to the contractor’s facility for evaluation as described under care of animals. The contractor shall bill the USMS for up to 20 additional calendar days under the daily kennel rate. Payment to spay/neuter and/or euthanize any surrendered dog will be determined on a case-by-case basis with the contractor and the COR.

2) Please note dogs that are not surrendered onsite may be surrendered at a later date. The USMS will pay for the daily kennel rates and/or veterinarian services up until a signed surrender form is received by the contractor from the COR via STO. The contractor shall bill the USMS for up to 20 additional calendar days under the daily kennel rate using the date on which the USMS COR has notified the contractor. Payment to spay/neuter and/or euthanize any surrendered dog will be determined on a case-by-case basis with the contractor and the COR.

3) Upon notification to the COR that a mother dog has puppies, the mother and puppies shall be billed for kenneling and veterinarian care up 63 calendar days (9 weeks) after the birth date or until adopted, whichever is first (at the daily kenneling rate). The 20 additional calendar days noted above does not apply in this situation.

4) Once the transfer of ownership is completed, the contractor will facilitate the adoption process for the dogs to new owners. All adoptions must take place in accordance with the laws of the state in which the dogs are adopted. USMS will not pay for adoptions and/or transportation related to the adoptions.

5) The contractor will look for a potential partnering organization licensed to facilitate the adoption of dogs in all geographic locations. Partnering organizations must be properly registered with the Federal government as applicable.

i. Preparing all necessary paperwork required for adoption.

ii. Screening potential candidates seeking to adopt the dog(s) if that is the standard practice of the contractor.

6) Any and all storage fees shall be based on a daily rate, pro-rated if the dogs are entered into kenneling post the 15th of the month.

ii. Disposal via forfeiture

1) Upon the conclusion of the judicial proceedings, the contractor will begin the preparing of the dogs for adoption. The contractor shall bill the USMS up to 20 additional calendar days under the daily kennel rate after receipt of the order of forfeiture by the COR via STO. A mother and puppies shall be billed up to 9 weeks or until adopted whichever is first (at a per day kenneling rate).

2) Preparations should include, but not limited to:

i. Spaying/neutering or euthanasia of the dog(s). (Cost borne by the USMS)

ii. If needed, identifying a potential partnering organization licensed to facilitate the adoption of dogs in all geographic locations.

iii. Preparing all necessary paperwork required for adoption.

iv. Screening potential candidates seeking to adopt the dog(s) if that is the standard practice of the contractor.

3) Once the transfer of ownership is completed, the contractor will facilitate the adoption process for the dogs to new owners. All adoptions must take place in accordance with the laws of the state in which the dogs are adopted.

iii. Release to Claimant or Owner

1) Contractor may be instructed to release dog(s) to a third party as directed by the COR. The

USMS COR and a Deputy United States Marshal shall execute the USM-102 chain of custody with the contractor.

2) Disposal Documents Required: Upon disposal via release to claimant, or owner, the contractor shall execute the following documents:

i. USM-102

ii. District Hold Harmless Agreement (if applicable)

Upon final release of the animal regardless of forfeiture, or surrender involved in each respective case, the contractor shall supply within 30 calendar days of release a post disposition action report to the COR. The report shall provide statistics regarding the disposition of the dogs, date of disposition, including the number euthanized, placed with a partner organization and/or adopted.

9. REQUIREMENT: CHICKENS8

Although the requirement provides for housing of chickens, it will only be used in rare circumstances. It is the preference and recommendation of the USMS that all chickens involved in animal fighting cases be euthanized onsite due to the many complex health and storage issues associated with their long term care. One Asset Identification Number (AIN) will be issued per location for billing purposes. The USMS will only provide euthanasia services for chickens’ surrendered onsite the day of the seizure operation9. If chickens are not surrendered, it is the preference of the USMS to establish an onsite custodial agreement. Additional onsite testing at time of warrant execution may be requested by the COR.

a. Requirement: Transportation – if chickens cannot be euthanized onsite, transportation shall be provided by the contractor and billed per location (not by animal count) to the offsite euthanasia location.

b. Requirement: Recordkeeping

i. Contractor shall maintain on a current basis complete and accurate records and account for all expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by COR to facilitate onsite auditing and inspection of such records.

c. Requirement: Expert Witness Services

i. Contractor will provide personnel able to conduct expert witness services if requested. All expert witnesses must provide a curriculum vitae (CV) showing their experience in conducting analysis of animals involved in animal fighting operations.

1) Any written reports and/or opinions should be delivered within 10 business days of conducting the analysis of the animal(s), or other time period that is agreed upon with the DOJ attorney assigned to the matter.

2) Providing testimony in court if required

ii. The contractor shall be reimbursed for travel expenses incurred for expert witness services.

These expenses shall include transportation costs, lodging, meals, incidental, and expenses (MI&E). Information regarding Federal Travel Regulations and Procedures can be obtained at the following website: www.gsa.gov. First class airfare and other upgraded methods of travel will not be reimbursed.

8 It is the preference and recommendation by the USMS that chickens will be euthanized onsite due to the many complex health issues and related storage concerns of chickens.

9 If, at time of arrival onsite, ownership of the chickens cannot be confirmed and/or owner refuses to surrender, the COR shall contact USAO and ENRD immediately prior to euthanasia commencing.

d. Requirement: Disposal

Chickens will be euthanized onsite due to the many complex health issues and related storage concerns. If the contractor cannot perform euthanasia onsite, transportation shall be provided by the contractor to a facility to perform immediate euthanasia as per pre-approval by the COR.

11. Requirement: SERVICES FOR THE CARE, MANAGEMENT AND DISPOSITION OF ANIMALS

NOT INVOLVED IN ILLEGAL FIGHTING ACTIVITIES

a. On occasion the USMS will receive information and a requirement for care and services for other animal types not involved in illegal fighting operations. These types of animals may include but are not limited to: horses, cows, snakes, llamas, etc. Due to the nature of incoming assets, we cannot be specific in the SOW as to the type or quantity expected but services would be requested as cases are received. Appropriate contract line items will be addressed at that time.

b. As it is hard to predict need for this requirement, the COR will work with the contractor to procure the correct services and detailed operational and care requirements along with long-term health provisions to the COR for approval. Historically, such animals have included horses and cattle.

c. The Operational Plan shall include disposition activities for the animals, if the contractor (housing authority) is able to provide those services. If not, alternate procurement activities may be required for these services.

d. Contractor will provide transportation, care, treatment, and boarding for animals and their offspring. As order via STO.

e. Contractor shall provide support during seizure operations to properly secure the animals either in place or by relocation to a suitable facility such as a farm, animal rescue or other safe area.

f. After intake, the contractor shall provide a care assessment and a veterinarian examination report, with photographs, no later than 30 days of custody.

g. Billable services will include initial relocation/transportation; facility (daily care); licensed veterinarian services; humane euthanasia and disposal, and commission for animals disposed via sale. The USMS is responsible to determine the disposal method (sale, adoption, euthanasia) as appropriate.

12. HOLD HARMLESS & INDEMNIFICATION AGREEMENT

a. Contractor agrees to hold harmless the United States for any death, injury, or other harm suffered by any officer, employee, volunteers or other individuals caused by the animals while in their care.

b. Contractor agrees to indemnify the United States in the event that any suit, cross-complaint, third-party complaint, or counterclaim is filed against the United States, resulting from any death, injury, harm or claim of any kind suffered by third parties caused by the animals during the period when the animals are under contractor’s control.

c. Contractor agrees to hold harmless the United States for any personal or real property damage caused by any of the animals while in their care.

d. After transfer of ownership of any animal to the contractor has occurred, the contractor shall bear all responsibility and/or liability for that animal. The contractor agrees to hold harmless the United States for any injury and/or damages which may occur after an animal has been successfully adopted out by the contractor to a new owner.

13. CONFIDENTIALITY AGREEMENT

a. Except as otherwise set forth in this section, contractor agrees to strict confidentiality regarding this contract and their participation in the evaluation and care of the animals. Under NO circumstances will any information be released to third parties or any information that will compromise any United States’ investigations, the names or any identifying information about the targets of any investigation, evidence, or any association to the animals.

b. All media requests and use of images must be pre-approved by the COR.