Attachment 1 - Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT

Vehicle Impound Towing, Storage, and

Disposition

(December 14, 2021)

The Contractor shall be available for military police-initiated impoundment which includes the towing, removal, storage, and disposal of abandoned and unclaimed vehicles located on Eielson

AFB (EAFB) installation property. Performance of transportation and warehousing

(hereinafter referred to as towing) services by the Contractor shall be provided at no cost to the

Government. The Contractor shall own towing vehicle(s) or heavy duty wrecker(s) and all associated equipment required to facilitate moving, transporting, and storing all types of motorized vehicles, including but not limited to large trucks, recreational vehicles, and trailers.

The Contractor shall store impounded vehicles in a secure location on the Contractor’s property until which time vehicles are to be disposed of in accordance with local, state, and federal laws.

1. “Military police-initiated impoundment” shall mean all situations in which a vehicle clearly interferes with ongoing operations or creates a safety hazard, is illegally parked, threatens public safety or convenience, is involved in criminal activity, contains evidence of criminal activity or is deemed stolen or abandoned by law enforcement personnel.

2. “Towing services” shall mean any legal entity, corporation, partnership, or individual person, either as principal, agent, or employee, in the business of removing, towing, and/or storing wrecked, disabled, or abandoned automobiles or other vehicles by the use of a wrecker or other towing device.

1. Contractor Requirements:

1.1 The Contractor shall be properly licensed and registered with the State of Alaska designating the Contractor’s Towing/Wrecker Company or business in good standing with the

State as a Transportation and Warehousing entity. Proof of such licensing and registration shall be submitted to the Contracting Officer and the Security Forces Investigation Section

(hereinafter referred to as 354 SFS/S2I) within 10 days after contract award. Contractor shall submit all renewals and updates of business licensing and registration to the Contracting

Officer and 354SFS/S2I in a timely manner.

1.2 The Contractor shall carry cargo insurance with the minimum requirement as provided in accordance with Alaska State law, as amended, and shall indemnify and hold harmless the

Government from any and all liability resulting from property damage to any vehicle being towed by the Contractor under the direction of the Government. A full copy of the

Contractor’s Certificate of Insurance shall be submitted to the Contracting Officer and 354

SFS/S2I within 10 days after contract award. Contractor shall submit all renewals and updates of said insurance to the Contracting Officer and 354SFS/S2I in a timely manner.

Attachement 1: PWS

1.3 The Contractor shall carry and maintain Garage Keeper General Liability Insurance with limits not less than what is required by state law and shall indemnify the Government from any and all liability arising from any vandalism, burglary, fire or any other hazard which may cause damage or loss to a citizen whose vehicle is towed or stored by the Contractor under the direction of the Government. A full copy of the Contractor’s Certificate of Insurance shall be submitted to the Contracting Officer and 354 SFS/S2I within 10 days after contract award.

Contractor shall submit all renewals and updates of said insurance to the Contracting Officer and 354 SFS/S2I in a timely manner.

1.4 The Contractor shall identify to the Contracting Officer and 354 SFS/S2I, a list of which towing vehicles will be utilized for towing services on EAFB, and shall not use any vehicle other than those so identified on the list to respond to a request for service under this agreement. The list shall contain details as to the make, year, model, license plate number, and identity of vehicle driver/operator and will be maintained and updated by the Contractor and provided to the Contracting Officer and 354 SFS/S2I yearly. All tow vehicles shall meet the minimum standards set forth in Alaska Department of Transportation Statutes. The

Contractor shall maintain liability insurance coverage with limits not less than what is required by state law, and provide full copies of any updated information concerning such insurance annually to the Contracting Officer and 354 SFS/S2I. Contractor shall submit all renewals of said insurance to 354 SFS/S2I in a timely manner.

1.5 The Contractor shall identify to the Contracting Officer and 354 SFS/S2I, in writing, the standard operating dispatch, recovery, transportation, storage, and disposition procedures that will be utilized to perform services under this agreement within ten (10) days after contract award date. The Contractor shall be available for military police-initiated impoundment 24 hours per day, seven (7) days per week via listed telephone numbers provided to the Contracting Officer and 354 SFS/S2I by the Contractor. Adequate tow service personnel shall be available to respond to emergency calls.

1.6 The Contractor shall ensure personnel operating towing vehicles are technically qualified and physically capable of responding immediately to all calls received. Reasonable care shall be taken by tow service personnel to ensure no damage will occur to the vehicle towed by way of carelessness or from natural elements, and the towing service shall use the proper equipment of whatever nature necessary (i.e., dollies, wheel lifts) in order to prevent damage to the vehicles being towed. The towing service shall utilize only such personnel, equipment and supplies as are reasonably necessary to accomplish the towing task consistent with standards in the industry. All employed drivers and operators of towing vehicles shall have a valid driver’s license of the class required for the size truck operating.

1.7 The Contractor agrees to indemnify and hold harmless the Government for any claims, demands, causes of action, liability, or damage and expenses (including attorney’s fees) arising out of the operation of the business of the Contractor. The Government shall not be liable to the Contractor or any other person whomsoever for any damage to person or property arising out of the operation of the business of the Contractor.

2. Towing

2.1 Remove all vehicles on EAFB cited as abandoned by 354 SFS/S2I. Vehicles include, but are not limited to all operable and in-operable passenger cars, pick-up trucks, boats, small trailers, vans, motorcycles, snowmobiles, all-terrain vehicles, and larger class vehicles, such as large size motor homes and trailers.

2.2 Standard Towing: Respond to all calls within 3 (three) business days.

2.3 Emergency Towing: Respond to all calls, where the vehicle is deemed an emergency tow, within 60 minutes. If an emergency call cannot be met for whatever reason, the Contractor shall notify 354 SFS/S2I immediately, so other arrangements can be made.

2.4 Procedures for Towing

2.4.1 In accordance with DoD 4160.21-M Defense Material Disposition Manual and AR

190-5, Motor Vehicle Traffic Supervision, 354 SFS/S2I will determine a vehicle to be abandoned. 354 SFS/S2I will contact the Contractor, to coordinate tow service of a specified vehicle from EAFB to the Contractor’s secure impound storage facility.

Contractor shall not remove any vehicles until designated 354 SFS personnel have authorized vehicle removal via DD Form 2505, Abandoned Vehicle Removal

Authorization, at the location of the vehicle to be removed. 354 SFS will provide

Contractor a copy of the DD Form 2505, and removal can begin. For documentation purposes, 354 SFS shall maintain a log that includes details of a call to the Contractor which includes the time, date, dispatch location, officer making the request and the

Contractor’s driver/operator name being dispatched to the call.

2.4.2 In order to protect the rights of the vehicle owner, law enforcement personnel, the contractor, and the commander, 354 SFS/S2I will conduct an inventory of all personal property in the vehicle as well as the condition and disposition of vehicle prior to the vehicle being towed from its location. 354 SFS/S2I will document this information on the

DD Form 2506, Vehicle Impoundment Report. Only personal items of high value, contraband or controlled substance, money, credit cards, checkbooks, official

Government paperwork (not related to the licensing or the vehicle), firearms, or any other type weapon, shall be removed and stored in a secure area for safekeeping by 354

SFS/S2I. All personal property (other than contraband or vehicle) shall be returned to the owner during normal business hours upon the owner’s request. Items must be held and secure until vehicle disposal. 354 SFS/S2I will keep a copy of the DD Form 2506 and provide the original to the Contractor to continue disposition of abandoned property process.

2.4.3 The Contractor will forward, via certified mail, the DD Form 2507, Notice of

Vehicle Impoundment, to the address of the last known vehicle owner/lien holder advising them of vehicle impoundment by the Security Forces Investigation Section, EAFB, Alaska (in accordance with AR 190-5, Motor Vehicle Traffic Supervision). This notice also requests response from owner concerning owner’s intention to either reclaim or relinquish rights of the vehicle.

2.4.3.1 If no reply is received by the appropriate date (120 days from the date letter is mailed), the abandoned vehicle is deemed unclaimed, becomes the property of the Contractor, and shall be disposed of in accordance with 10 USC

2575.

2.4.3.2 If the vehicle owner/lien holder responds to the DD Form 2507, Notice of

Vehicle Impoundment, by completing the Waiver of Interest/Release on the DD

Form 2507 and relinquishes all rights, title, and interest to the vehicle, no costs are incurred. If the vehicle owner/lien holder responds to the DD Form 2507, and notifies 354 SFS/S2I of their intent to reclaim the vehicle, the vehicle owner is responsible for all charges/costs associated with the towing and impoundment.

2.4.3.3 For documentation and record keeping purposes, the Contractor will maintain a recording system of all notices, correspondence, mailing return receipts, and any and all documentation relating to the abandoned vehicle(s) in the

Contractor’s possession. 354 SFS/S2I can request a copy of the record from the

Contractor and Contractor shall provide copies of the record to 354 SFS/S2I within five (5) to seven (7) business days, unless extraordinary circumstances require expeditious delivery sooner than five (5) business days.

2.4.4 No tow service shall be conducted by any means other than those calls initiated by

354 SFS/S2I designated personnel to the Contractor for purposes of towing and transporting abandoned vehicles to Contractor’s secure storage lots.

3. Storage

3.1 The Contractor shall store all vehicles; towed at the direction of 354 SFS/S2I pursuant to AR 190-5, Motor Vehicle Traffic Supervision, for a minimum of 120 days from the date the notification of the owner was verified (i.e., certified mail receipt).

3.2 The Contractor shall maintain a secure storage facility which shall be protected by a security fence at least six feet high, which is either attended by a caretaker or security personnel at all times, or is equipped with remote intrusion alarms which are monitored by a licensed security service at all times. In addition, an attendant shall be available during normal business hours, Monday through Friday, 9:00 a.m. to 5:00 p.m., to permit the lawful owner to reclaim stored vehicles and property in a timely manner. The address of

Contractor’s storage facility will be identified in the DD Form 2507.

3.3 Once the abandoned vehicle is deemed unclaimed, the vehicle becomes the property of the Contractor to be disposed of, in accordance with 10 USC 2575, as payment for all towing and storage fees, and sale costs.

3.4 A vehicle owner is ultimately responsible for any and all charges/costs associated with the towing, impoundment, and storage fees. The Contractor may only charge for those services listed on the Schedule of Charges. The Contractor shall not charge any amount in excess of the charges listed for such services. Contractor shall provide owner of the towed vehicle an itemized billing for services rendered. Contractor will maintain, record, and retain all billing records for abandoned and disposed vehicles for a period of five (5) years.

354 SFS/S2I can request a copy of the record of charges, billing, and any other vehicle record from the Contractor at any time.

4. Disposal

4.1 Only after the vehicle remains unclaimed for a minimum of 120 days from the date notification was mailed to the last known owner of the vehicle or the owner released the vehicle by relinquishing all rights to the vehicle via the DD Form 2507, Notice of Vehicle

Impoundment), can the vehicle can be disposed of by the Contractor in accordance with 10

USC 2575.

4.2 At any point throughout the towing, impoundment, storage process, if the Contractor or

Government receives a DD Form 2507 (Back), Waiver of Interest/Release signed by the owner/lien holder, the vehicle is released to the Contractor and disposal of the vehicle may occur immediately. Contractor shall dispose of vehicle in accordance with 10 USC 2575.

4.3 All personal property retrieved and inventoried from abandoned vehicles must be held until vehicle disposal or claimed by vehicle owner. If property is to be disposed of, Contractor shall dispose of property in accordance with 10 USC 2575. Disposal process of any personal property, including the vehicle, occurs after the appropriate 120 days to declare the vehicle unclaimed has passed.

4.4 Pursuant to 10 USC 2575, vehicle and personal property may be disposed of after 45 days have passed from the day notice is provided by certified or registered mail to the person at his or her last known address giving the time and place of the intended sale or other disposition.

4.4.1 If the owner is found to be on Temporary Duty (TDY), 354 SFS shall inform the contractor. The vehicle will not be sold until the member’s TDY return date has passed, and 45 days have passed from the day notice was provided by certified or registered mail to the person at his or her last known address giving the time and place of the intended sale or other disposition. When the owner returns from TDY and claims the vehicle, storage costs due will include the entire storage time period until claimed to be paid by vehicle owner.

4.4.2 Disposal of any vehicle towed and stored which has not been deemed abandoned, but was towed for some other reason (e.g., parked in a way causing a safety-, security-, or traffic hazard), in accordance with Alaska Statute 28.10.502 , is permitted within 60 days. If the vehicle belongs to an active duty military member the Service member’s

Civil Relief Act, 50 U.S.C. 3958, requires a court order authorizing sale of the vehicle to enforce a lien.

4.5 The disposition of unclaimed vehicles shall be in accordance with 10 USC 2575. Any deficiency difference in the price received for the vehicle disposed of and what is owed for towing, storage, and cost of any sale) should be disbursed by check to the following and mailed by Certified Mail to:

354 CONS/PKB

2310 Central Ave. Bldg. 2258

Eielson AFB, AK 99702

Re: Contract Number FA5004-XX-H-XXXX

4.6 Upon receipt of disbursement check, 354 CONS/PKB will secure the check, complete a

Cash Collection Voucher, DD Form 1131 (See Attachment 1), and contact the Eielson

Finance Office at (907) 377- 4848 for the appropriate Line of Accounting (LOA) to be annotated on the form. Upon completing the form, 354 CONS/PKB will schedule an appointment with Finance to deposit of the check. Eielson Finance Office will deposit check for credit to the operation and maintenance account of the installation.

5. GENERAL INFORMATION

5.1 Place of Performance. Primary location of work performance is on Eielson AFB, Alaska installation property.

5.2 Upon contract award, the Government will provide the Contactor a listing of authorized individuals to place a service request.

5.3 Services may be required 24 hours a day, seven (7) days a week. However, 354 SFS/S2I will attempt to make contact for towing service during the hours of 9:00 a.m. to 5:00 p.m.

Monday through Friday, unless a vehicle causes a traffic or safety concern, hazard, or otherwise requires towing as determined by 354 SFS/S2I during the evening or weekend.

5.3.1 Customer Services. During the hours of operation, the Contractor shall be available to allow access to impounded vehicles to 354 SFS/S2I, any individual accompanied by an officer of 354 SFS/S2I , or an owner or registered agent of the vehicle as established by proof of a valid state motor vehicle registration, current motor vehicle insurance card or policy on an impounded vehicle and state driver’s license or other reasonable ownership/lessee indicator, and the purpose of such access shall be for investigative purposes or to retrieve personal property of the driver and/or passengers.

5.3.2 The Contractor shall furnish to each vehicle owner who reclaims an abandoned vehicle, a written receipt containing an itemization of all charges, the telephone number of a representative of 354 SFS/S2I designated to receive comments about impoundment of the vehicle, and any other documents of the record/file of the vehicle at the request of the owner or 354 SFS/S2I designated personnel.

5.4 Contractor shall maintain a “Vehicle Transaction File” or document filing retention system containing, but not limited to, the following documentation for each vehicle impounded:

(Government forms and training provided by 354 SFS/S2I)

a. DD Form 2505, Abandoned Vehicle Removal Authorization

b. Copy of the DD Form 2506, Vehicle Impoundment Report (including summary of personal items contained in vehicle or secured by 354 SFS/S2I

c. Copy of the DD Form 2507, Notification of Impoundment and Disposition of Privately Owned

Vehicle letter signed and dated by the Government

d. Record of owner’s notification of intent to reclaim vehicle

e. An itemization of charges against the vehicle owner

f. Copy of published notice of public action (if applicable)

g. Copy of affidavit of sale showing the sale date, purchaser, amount of lien, and sale price

h. A record of the two highest bid offers on the vehicle, with the name, address, and telephone numbers of the two bidders (if applicable)

i. Copy of Fair Market Value Assessment

j. Copy of Surplus Funds Report

k. Copy of Waiver of Interest/Release Form (if applicable)

5.4.1 Upon request of 354 SFS/S2I personnel, the Contractor shall provide access to the Vehicle

Transaction File and any other documents related to the vehicle. 354 SFS/S2I personnel may request to inspect all documents pertaining to the record of the vehicle during normal business hours, Monday through Friday.

5.4.2 Contractor will maintain the documents pertaining to an impounded, stored, and disposed of vehicle in the Vehicle Transaction File for five (5) years from the date the vehicle was disposed of.

5.5 Period of Performance includes a 5-year period beginning 1 February 2022 through 31

January 2027.

5.6 Contractor Personnel

5.6.1 Contractor shall provide courteous and efficient operators/drivers. It shall be the duty of every driver of a tow service vehicle to tow vehicles in a professional and courteous manner in accordance with standards outlined in the agreement and any EAFB installation policy and regulation. Tow service operators will comply with base and State traffic laws while on EAFB. Additionally, the Contractor shall ensure that all personnel entering EAFB are properly licensed, insured, and trained to perform services rendered.

5.6.2 Contractor shall ensure employees wear distinctive clothing bearing the name of the company or display appropriate badges containing the company name and employee name at all times while performing under this agreement. The Contractor shall not employ any person(s) who is/are an employee of the U.S. Government, if such employment would create a conflict of interest. Additionally, the Contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval according to DoDD

5500-7, Joint Ethics Regulation.

5.7 Government Points of Contact

5.7.1 354th Contracting Squadron

Primary: Contracting Officer identified on contract

5.7.2 Security Forces Squadron

Primary: Investigator Daniel L. McFaul, NCOIC of Investigations, (907) 377-5276

Alternate: Investigator Hunter Dixon, Criminal Investigator, (907) 377-4215

5.7.3 Contractor

Primary: XXXXXXXX, (907) XXX-XXXX, XXX.XXXX@XXX.com