7._SOW.pdf

United States Marshals Service Asset Forfeiture Division

STATEMENT OF WORK

1) PARTIES AND PURPOSE

a) This contract is between the contractor and the U.S. Marshals Service (USMS) through which the contractor will provide full case support and subsequent care of 40 pit bull terriers (dogs) involved in a dog fighting operation.

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

c) This request for services is for 2 locations in the Southern District of Georgia; and any other additional locations identified that are directly related to the cases involved.

a. Due to confidentiality, the only information regarding the locations of the dogs is that can be disclosed at this time is that they are located in the above states.

Information regarding the specific locations of the dogs will be provided after the award.

2) 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.

b) BASIC VETERINARY CARE: 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, monthly heartworm preventative, 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 HW+ where 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.

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: Certified individual who will provide forensic and/or behavior analysis to a court of law in relation to the criminal or civil cases pursued for the dog fighting violations.

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) OFF-SITE 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 dog(s) behavioral growth and development. Any off-site foster care must have COR pre-approval. The USMS will pay for the basic daily care and veterinary fees for any dog at off-site foster care. The daily rate shall be the same billed rate as for the main storage facility. The foster care facility shall provide all other services for the dogs as does any main storage facility.

l) SPECIAL VETERINARY CARE: The care for the 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 (HW+) 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.

m) TRANSPORTATION: Includes any necessary transportation for any of the dogs. Transport shall be billed per dog transported.

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

3) CONTRACTOR REQUIREMENTS

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

i. Point of contact for operational coordination prior to the time of seizure

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

iii. Proposed strategy for maintaining security at the facilities where the dogs are housed.

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

Investigative Agency, task force officer, or DOJ representative). The USMS COR must be included in all planning and operational meetings

* If upon arrival to the target location(s) and no dogs 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. This charge shall only be for transportation expenses as there would be no charges for kenneling or veterinarian services.

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

b) Contractor shall provide the following key personnel:

i. A designated point of contact for 24 hours per day, 7 days per week, 365 days per year access for operational matters

ii. Expert witnesses as needed for the criminal or civil cases for the dog fighting operation

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

4) FACILITY(IES) REQUIREMENTS

a) Each facility must limit both physical and visible access to the dogs to approved persons.

b) Contractor shall limit access to the subject dogs pertained to in this contract to the individuals with an official need for access in order to perform responsibilities under this contract. Representatives of the USMS shall be allowed access to the dogs and the facility at any time during business hours unless there is an urgent need or emergency after those hours.

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

Must possess active liability insurance policy.

a) Contractor must be compliant with all applicable Federal, State and local laws, regulations and ordinances regarding kenneling and care of dogs.

b) Must have, at a minimum, inside and/or outside runs not less than 48 inches wide with a minimum length of 10 feet.

c) Inside 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.

d) Must be able to provide lighting by either natural or artificial means. Shall provide a minimum of thirty candle power for at least eight hours per day except where contraindicated for health reasons. A means to control the amount of sunlight entering dog quarters during the warm seasons of the year shall be provided.

e) Facility must have adequate environmental sanitation to keep vermin away.

f) Must have running water.

g) Must remove feces and other excreta at least once daily and the runs washed down with hot water and disinfectant cleaner. Excreta shall be disposed of in a sanitary manner.

h) Must be climate controlled and ventilated in such a manner as will provide fresh air at all times.

i) Staffing and Access Requirements

a. 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, due to the nature of the requirement, contractor shall provide hours of operation and staff coverage after regular working hours to ensure animal care is provided. It is the expectation that care and services will be available 24 hours per day, 7 days per week, 365 days per year; and the contractor shall provide a point of contact for 24 hour coverage.

b. 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. Unannounced inspections may also be performed.

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

d. 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 a facility inspection prior to the transfer of dogs. The cost of transport would be borne by the contractor.

j) If the contractor proposes an alternate foster care facility, it must be pre-approved by the COR. All alternate foster care facilities must:

a. Have a written agreement with the contractor specifically releasing the United States Government, the Department of Justice and USMS from any liability for any harm/damages incurred while the dog(s) is in their location

b. 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 off-site kenneling location must be approved by the COR.

c. The COR or COR designee (administrative or operational personnel, investigative agencies, United States Attorney Office representatives, etc.) must be able to access the dogs sheltered at any alternate foster care facility within 12 hours of notification to the contractor to perform random and/or monthly inspections.

The COR will provide any alternate designee names of potential visitors within 12 hours of the actual visit.

5) TRANSPORTATION REQUIREMENT

a. The contractor shall obtain COR approval prior to transporting any dog from the main daily care facility to another location. The reason for transport must be defined and COR pre-approval is required.

b. All dogs shall be transported via contractor owned automobile or contractor’s specialized transport vehicle.

i. 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

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

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

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

f. Dogs shall be crated individually except where otherwise indicated for health or welfare reason.

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

h. During the transport phase and dependent on the type of specialty transport vehicle used, dogs may need to be removed as dictated by the handlers.

i. The contractor shall provide one photo of each dog and page 1 of the intake form that provides the basic information about the dog. This initial report shall not replace the more in-depth behavioral assessment provided by the contractor that is due within 10 days of intake. This cursory report is for recordkeeping purposes only at the time of intake. Photo and one page report shall be sent electronically to the COR within 48 hours of custody.

6) CARE AND TREATMENT OF DOGS

1. Care of the dogs shall include the following:

a. All dogs shall be segregated for health, welfare or breeding reasons and any vicious dogs shall be removed and caged separately.

b. Veterinarian must be on call and available to perform special veterinary care as needed.

c. Facilities for isolating dogs under quarantine of treatment for communicable diseases shall be in a room or area that is separated from other dog-holding facilities.

d. Dogs shall be provided with clean fresh water and sufficient nutritional food daily. Food and water containers shall be kept clean and sanitized.

e. Dogs shall be exercised on a daily basis for at least 20 minutes unless the dog is subject to medical treatment(s) which would prevent daily exercising.

f. 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.

g. Provide any other care deemed necessary in order to ensure humane treatment of each dog.

h. The contractor must notify 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 makes every available attempt to contact the COR prior to procuring emergency veterinary services as a result of a serious illness or injury.

i. Only approved USDA, FDA and EPA products are to be utilized on the dogs. These products must be in accordance with the approved product use guidelines.

j. The 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.

k. If prevention and control methods are ineffective, the contractor and/or staff should promptly contact a veterinarian for a diagnosis and treatment program to minimize dog suffering and dog losses.

l. Special veterinary care, approved by COR in advance, is to be performed by a certified 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 makes every available attempt to contact the COR prior to procuring special veterinary services.

m. If any dogs are found to be pregnant, contractor shall:

a. Notify the COR within 24 hours of discovery of the pregnancy.

b. Provide suitable warmed clean area for whelping and care of newborn puppies. This includes a whelping box with a heating pad for newborn puppies after birth.

c. Notify the COR within 8 hours of the delivery of the puppies.

d. 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.

e. 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 and weight for each puppy.

f. Provide a safe area for confining the puppies when they become mobile

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

h. Report any incidents related to the puppies to the COR within 24 hours of the incident.

2. The contractor will socialize and perform behavioral analysis for all dogs in the care of the contractor. Socialization and behavior analysis should include but not be limited to:

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

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

c. After assignment of behavior categories (A-D), the contractor shall provide a complete behavioral analysis to the COR within 10 days of intake.

d. If at any time during socialization and behavior analysis the dog(s)’ behavior results in continual regression, the contractor will notify the COR so that corrective action may be taken for the welfare of the contractor’s staff, the dog and other dogs. The COR will notify DOJ-ENRD and the USAO for review and consultation on next steps.

e. Upon forfeiture, the contractor shall provide a list of dogs that are not available for adoption and that should be euthanized.

3. Record-keeping

a. 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 on-site auditing and inspection of such records.

b. The contractor shall maintain all records through the duration of the contract.

The records are to be provided to the CO/COR upon request. The records to be kept include but not limited to:

i. Records pertaining to the health and veterinary treatment of the dogs

ii. Records pertaining to the dog’s behavioral analysis conducted during interactions between the contractor and the dogs.

iii. All dogs that have significant developments and/or regressions occurring during behavioral analysis.

7) EXPERT WITNESS SERVICES

1. 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 an analysis of dogs involved in dog fighting operations.

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

a. Conducting behavioral analysis of dogs which may been involved in dog fighting operations include hands on behavioral evaluation and report of observation and recommendations.

b. Providing written reports and/or opinions to be used as evidence in a court of law on any of the dogs.

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

c. Providing testimony in court if required.

3. 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) SUBSEQUENT TRANSFER OF THE DOGS

If at any time during the period of performance, the USMS, COR and/or the Department of Justice 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 http://www.gsa.gov/ physical transfer will be the responsibility of the United States and will relieve the contractor of any further responsibility under this contract.

9) DISPOSAL

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

1. Disposal via surrender

a. If during the actual seizure, the “owner” of any dog(s) willingly signs a surrender form, than 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.

b. Once non-surrendered dogs have been relocated and into the kenneling process, the USMS will pay for the daily kennel rates and/or veterinarian services up until a signed surrender form is received from the USMS COR. 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.

c. Upon notification to the COR that a dog had puppies, the mother and puppies shall be billed for kenneling and vet care up to 9 weeks after the birth date or until adopted whichever is first. The 20 additional calendar days noted for surrender or forfeiture does not apply.

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

2. Disposal via forfeiture

a. 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. A mother and puppies shall be billed up to 9 weeks or until adopted whichever is first.

b. Preparations should include, but not limited to:

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

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

ii. Preparing all necessary paperwork required for adoption.

iii. 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.

4. Release to Claimant or Owner

a. 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 vendor.

b. 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)

10) HOLD HARMLESS & INDEMNIFICATION AGREEMENT

1. 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 dogs while in their care.

2. 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 dogs during the period when the dogs are under contractor’s control.

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

11) CONFIDENTIALITY AGREEMENT

1. 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 dogs in this case. Under NO circumstances will any information be released to third parties or any information that will compromise the United States’ investigation, the names or any identifying information about the target of the investigation, evidence, or any association to the dogs.

2. All media request and use of images must be pre-approved by the COR.