DJD-09-R-0042.doc

Bulk Marijuana Transportation

DJD-09-R-0042

U.S. Department of Justice

Drug Enforcement Administration

Phoenix Field Division The Drug Enforcement Administration (DEA) hereby solicits services in support of the Phoenix Field Division to provide security for the transportation of bulk quantities of marijuana in the state of Arizona. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This solicitation does not commit the government to pay any cost incurred in the submission of proposals or to contract for this service. It is also noted that the Contracting Officer is the only individual who may legally commit the Government to the expenditure of public funds in connection with this procurement. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisitions Circular. FAC 2005-36. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number: DJD-09-R-0042 is issued as a small business set-a-side. All proposals shall be submitted as all or none. Alternative proposals will not be considered. The applicable NAICS code is 561612 (Security Guard and Patrol Services), Size Standard $18.5 M. Offerors will be evaluated based on: A. Management Capabilities/Methodology, B. Past Performance and C. Price. Offeror must complete the annual representations and certifications via the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) Database. This acquisition incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at www.arnet.gov/far. 52.212-1 Instructions to Offerors – Commercial Items (Jun 2008), 52.212-2 Evaluation – Commercial Items (Jan 1999), 52.212-3 Offeror Representations and Certifications – Commercial Items (Aug 2009), 52.212-4 Contract Terms and Conditions – Commercial Items (Mar 2009), and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Aug 2009). All questions regarding this RFP shall be submitted in writing via email to Contract Specialist Nanaesi Amoo at nanaesi.amoo@usdoj.gov by September 15, 2009 at 5:00pm EST. If necessary, an amendment with answers to questions will be issued to all known offerors by September 17, 2009. All proposals must be received by September 22, 2009 at 2:00pm EST. Proposals shall be submitted in writing to Drug Enforcement Administration, Attn: Nanaesi Amoo E-8355 (FAC), 8701 Morrissette Drive, Springfield, VA 22152.

BULK MARIJUANA TRANSPORTATION

PHOENIX DIVISION

Part I.

GENERAL

(a) Except as otherwise provided herein, the Contractor shall provide all management, supervision, manpower, materials, supplies, clothing, and equipment and shall plan, schedule, coordinate and assure effective performance of security transportation services for the Phoenix Field Division from United States Customs and Border Protection (CBP) Stations, Border Patrol (BP) Stations, and Drug Enforcement Administration Phoenix Field Division (PFD) offices to the Tucson Destruction Facility in Arizona, and other locations as may be designated in accordance with the terms, conditions and statement of work (SOW) contained herein. The work to be performed will be the secure loading, transporting, and unloading of bulk marijuana.

(b) The contract shall consist of a base performance period and four twelve month (or any fraction thereof) option periods.

(c) This is an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract with fixed unit prices. For the basic work estimated in the Schedule of Items a separate written task order shall be required. The performance of any work at locations other than those listed will be initiated by the issuance of a written task order by the Contracting Officer.

The proposed fixed rates for services identified as Contract Line Item Numbers (CLIN) shall include all expenses, including salaries/wages, report documentation preparation, fringe benefits, overhead, general and administrative expense, and profit.

Part II.

NOTES ON PRICING

(a) The specific duties of each category identified in the Schedule of Items describe what will be ordered in task orders that will be issued to the Contractor by the Contracting Officer after award. The locations of the pickups and drop-off sites will be specified on individual task orders issued to the contractor.

(b) Offerors must quote prices for all services for the base period of performance and all additional periods of performance to be considered for award.

(c) Definitions of Schedule of Item Categories

1. Standard Pickup is defined as performance of security transportation services for one to five site visits during the duration of a task order pickup to Phoenix Field Division, United States Customs and Border Protection (CBP) Stations, Border Patrol (BP) Stations, and DEA Phoenix Field Division (PFD) offices to the Tucson Destruction Facility in Arizona.

2. Standard-Plus Pickup is defined as performance of security transportation services for six to ten site visits during the duration of a task order pickup to Phoenix Field Divisions, United States Customs and Border Protection (CBP) Stations, Border Patrol (BP) Stations, and DEA Phoenix Field Division (PFD) offices to the Tucson Destruction Facility in Arizona.

3. Premium Pickup is defined as performance of security transportation services eleven or more site visits during the duration of a task order pickup to Phoenix Field Divisions, United States Customs and Border Protection (CBP) Stations, Border Patrol (BP) Stations, and DEA Phoenix Field Division (PFD) offices to the Tucson Destruction Facility in Arizona.

Part III.

SCHEDULE OF ITEMS

The following quantities are estimates only and shall not be construed to obligate or limit the number of units for security transportation services that may be ordered by the DEA.

Base Period – September 30, 2009 through September 29, 2010

(Min)

QTY.

(Max)

Option Period 1 – September 30, 2010 through September 29, 2011

(Min)

QTY.

(Max)

Option Period 2 – September 30, 2011 through September 29, 2012

(Min)

QTY.

(Max)

Option Period 3 – September 30, 2012 through September 29, 2013

(Min)

QTY.

(Max)

Option Period 4– September 30, 2013 through September 29, 2014

(Min)

QTY.

(Max)

Part IV.

MINIMUM AND MAXIMUM CONTRACT VALUES

The guaranteed minimum value for the base period of performance of this contract shall be any combination of services equal to $500,000.00. There is no guaranteed minimum beyond the base period of performance.

Part V.

STATEMENT OF WORK

BULK MARIJUANA TRANSPORTATION

PHOENIX DIVISION

1.

BACKGROUND

The DEA Mission is to enforce the Controlled Substance laws and regulations and to bring to the criminal and civil justice systems those individuals and organizations involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States. The PFD estimates the destruction of approximately 1,000,000 pounds of marijuana per year, which equates to approximately 500 transportation events and approximately 100 destruction events.

2.

INTRODUCTION

DEA has a requirement for contractor support services to provide security transportation of bulk quantities of marijuana. Except as otherwise provided herein, the Contractor shall provide all management, supervision, manpower, materials, supplies, clothing, and equipment necessary to accomplish the services identified within the statement of work. During the term of this contract for the security transportation services required for the DEA may change locations of pick up sites; therefore, the requirement for services may increase or decrease through the addition or deletion of DEA sites and locations. The Contractor shall be required to employ personnel who are qualified to legally carry weapons and who can pass a background investigation. The work to be performed will be the secure loading, transporting, and unloading of bulk marijuana from United States Customs and Border Protection (CBP) Stations, Border Patrol (BP) Stations, and DEA Phoenix Field Division (PFD) offices to the Tucson Destruction Facility (DF) in Arizona.

3.

DESCRIPTION OF DUTIES

A. Labor

The Contractor shall provide fully trained, armed and outfitted persons to load and unload large amounts of pre-packed bulk marijuana (bales weigh an average of 20 to 60 pounds each) at BP Stations and law enforcement departments. The duties of the armed personnel required under this contract are henceforth called Transportation Security Officers (TSOs) and Lead Transportation Security Officers are described herein. The amount of marijuana that will be physically loaded and unloaded will be up to 12,000 pounds (lbs.) per trip. Prior to the commencement of work under this contract, the Contractor shall submit to the COTR for approval, the names and all necessary documentation of fully trained and qualified personnel for the positions identified in this section or otherwise for persons (e.g., the Transportation Security Officer) who will form the regular workforce of the Contractor under this contract. In addition, the Contractor is required to simultaneously submit to the COTR for review and verification of the names and all necessary documentation of fully trained and qualified personnel for the positions identified in this section or otherwise for persons who will be used in a reserve capacity (e.g., used to replace Transportation Security Officers on scheduled or non-scheduled leave, or who will be available to respond to emergency situations).

The Contractor’s personnel shall possess a valid state, District of Colombia, or U.S territorial motor vehicle operator’s license (e.g. Puerto Rico). Driver’s licenses must be carried at all times while using DEA-provided vehicles. The Contractor shall provide copies of its personnel’s motor vehicle operator’s licenses to the COTR of this Contract thirty days after contract award.

DEA-PH.0011

Permits and Licenses

July 2008

The Contractor shall, at his/her own expense, obtain and maintain in effect all the necessary permits and licenses required by Federal, State and/or Local Government, or subdivisions thereof, or of any other duly constituted public authority required for the performance of work under this contract. Further, the Contractor shall obey and abide by all the applicable laws and ordinances.

The Contractor must obtain and ensure that all persons performing work under this contract obtain all licenses, certifications, training, national security clearances, and other required qualifications prior to the performance of work under this contract. As discussed herein, the Contractor itself and all personnel performing work under this contract are required to have SENSITIVE clearance prior to the start of work under this contract.

The Contractor is required to maintain a copy of all licenses, certifications, records of training, national security clearance status (including but not limited to the date of the most recent background investigation), and documentation regarding other required qualifications of all contract personnel in positions identified herein and shall make and be authorized to make such documents and records immediately available to the Government for inspection and reproduction when requested to do so by the COTR or Contracting Officer. If making such information available to the Government requires that contract personnel exercise any sort of release (e.g., because information is protected from disclosure by law or company policy), the Contractor shall ensure that appropriate releases are executed by contract personnel. Such releases shall be maintained with the affected or associated records.

The Contractor shall ensure that all contract personnel maintain required licenses, certifications, training, national security clearances, and other contract qualifications at all times during the performance of work under this contract. The Contractor shall notify the COTR in writing of any lapses in these requirements or problems related to the maintenance of them and shall also advise the COTR in writing of the Contractor’s proposed or anticipated solution. For example, if a Transportation Security Officer jeopardizes his/her security clearance in some fashion and will be replaced by a reserve Transportation Security Officer, the Contractor shall notify the COTR in writing of the nature of the problem and the solution the Contractor intends to utilize. Such notification shall be given to the COTR immediately upon the Contractor’s identification of the problem.

In the event that an individual in a position identified herein ceases to perform work under this contract (e.g., through reassignment, transfer, voluntary or involuntary separation/termination), the Contractor shall, by the next business workday, assign a replacement who possesses all clearances, training, licenses, certifications, etc., required under this contract to the vacated position. The Contractor shall immediately require the return of and take possession of the departing individual’s DEA building pass, other Government issued credentials or identification, uniform patches and other indicia of association with DEA or with this contract. The Contractor shall turn these items over to the COTR within 2 business days of the individual’s departure from work under this contract.

All drivers shall be trained motor vehicle operators and shall possess a valid drivers license/operating permit. The Transportation Security Officers’ permit shall be free of major moving violations for, at least, the five years preceding the award of this contract or the date of a driver’s nomination for the position. The Contractor will nominate each driver for the position, subject to the review and verification of the COTR and shall submit a copy of each nominee’s operating permit to the COTR at the time of nomination.

The term “Lead Transportation Security Officer” means a uniformed, armed person designated in writing by the Contractor who will be the Contractor’s authorized representative for technical and administrative performance of all service required under this contract. The Lead Transportation Security Officer shall be the primary point of contact through which all Contractor/Government communications, work and technical direction shall flow, and he/she shall have the same authority to act on the Contractor’s behalf. The Lead Transportation Security Officer will be acting as the Contractor’s supervisor. The Lead Transportation Security Officer will also maintain a Duty Log.

The Duty Log shall contain:

· A record of DEA vehicles ending mileage on all vehicles used.

· All reports including custody receipts.

· Border Patrol Report of Apprehension and Seizure (Form I-44 The Lead Transportation Security Officer shall verify Contract personnel present at the unloading at the DEA office. All documentation obtained from the loading sites shall be provided to DEA. The Lead Transportation Security Officer shall collect all reports, including custody receipts, at the loading site. The Contractor’s supervisor shall not accept any bulk marijuana or assume responsibility if there is any discrepancy in the documentation or bundle count.

The Lead Transportation Security Officer shall complete the Border Patrol Report of Apprehension and Seizure (Form I-44) is to correspond with the bulk marijuana pick-up. This form will be provided to the Contractor after award.

DEA-PH.0004

Key Personnel Positions July 2008 The Contractor shall select qualified personnel for the designated key personnel positions set forth in this contract. Key personnel are considered essential to the work being performed. Individuals proposed and accepted as key personnel under this contract shall remain dedicated to the contract for the entire period of performance. The following positions are designated as key personnel for the purpose of this contract:

Name:

Position Title: Lead Transportation Security Officer During the period of performance of the contract, key personnel positions may become vacant. Because these key positions significantly affect contract risk and performance, the contractor shall take all reasonable and necessary measures to mitigate any impact on contract performance and minimize the period that these positions are vacant. When a key personnel position is vacated for any reason, the contractor shall notify the COTR, in writing, at least five (5) calendar days in advance (when possible) and provide a risk mitigation statement & replacement strategy for the position. In all cases, contractor requests for replacement of key personnel shall be submitted, to the COTR, in writing and contractor shall provide weekly status reports on efforts to fill the position until the vacancy is reoccupied by a qualified, DEA-cleared individual.

Nomination of qualified key personnel: It is understood that all replacement candidates for a key personnel position shall have equivalent or better academic training, licenses, experience, practical skills, knowledge and expertise than the individual they are being nominated to replace. The contractor shall submit a resume and equivalency statement to the COTR when nominating a candidate for a key personnel position. The Government reserves the right to ‘reject' candidates for key personnel positions that do not meet or exceed the credentials of the original individual proposed and selected for the position. All proposed individual(s) nominated by the contractor to fill key personnel position(s) shall be approved by the COTR and be "DEA-cleared ready for duty" prior to those individual(s) charging time against the contract key personnel position. The Government shall not be liable for any time worked/billed for any unfilled key personnel position prior to the COTR declaring the key personnel position filled. Failure by a contractor to fill a key personnel vacancy is subject to government action and may be cause for contract termination.

The Government reserves the right, during the course of the contract to re-characterize a position by removing the "key" designation. All work thereafter is no longer subject to the conditions set by this provision. Additional key personnel positions, if required after award, will be added by bilateral modification to the contract.

(End of Clause) The Contractor’s personnel may be required 24 hours a day, seven (7) days a week. The Contractor shall provide qualified persons to be mobilized within 24 hours of receiving written notice from DEA. During periods of assignment, the Contractor’s Lead Transportation Security Officer will coordinate task order objectives with the DEA supervisory personnel assigned to the Tucson District Office (DO), Nogales Resident Office (RO), Sierra Vista RO, PFD, and Yuma RO.

The Contractor shall provide its employees with cellular telephones. (Contractor shall select cellular carrier that provides service/coverage in the remote areas of southern Arizona.) Additionally, DEA will provide portable radios for effective communications.

Each person who performs work under this contract must, at a minimum, possess a high school diploma or equivalency, and must also possess the following, all prior to an individual’s commencement of contract duties:

Must speak, understand and read the English language fluently.

Must be able to meet and deal tactfully with Government employees, the general public and other persons present in DEA facilities.

Must be able to understand, explain, interpret, and apply detailed orders, rules, regulations, instructions, training materials, and procedures.

Must be able to prepare clear, concise, accurate and detailed written reports.

Must be a citizen of the United States.

Must be 21 years of age or older.

Minimum Medical Qualifications: Before active duty, all Transportation Security Officers, must undergo a pre-employment medical examination by a licensed physician at the Contractor’s expense. Each applicant must meet the health certification requirements listed in the Standard Form 78 (Attachment A) and the medical standards described in this paragraph. Failure to meet any one of the required medical qualifications will be disqualifying for appointment or retention for work under this contract. These standards are considered minimum standards and will not be waived in any case. The minimum medical requirements are as follows:

VISION: Binocular distant vision is required and must test 20/20 (Snellen) with corrective lenses. Uncorrected vision must not test less than 20/100 in either eye. Near vision, corrected or uncorrected, must be sufficient to read Yaeger (Jaegger) Type 2 at 14 inches. Ability to distinguish basic as well as shades of color is required (using Ishihara Test or Plate Test), as is normal peripheral vision.

HEARING: Must be able to hear the whispered voice at 15 feet with each ear. Using an audiometer for measurement, there should be no loss of 30 or more decibels in each ear at the 500, 1000, and 2000 CPA levels. The use of a hearing aid is not permitted.

SPEECH: Diseases or conditions resulting unrecognizable speech are disqualifying.

MISCELLANEOUS: Though not mentioned specifically above, any other disease or condition that interferes with the full performance of position duties is also grounds for medical rejection.

HEALTH CERTIFICATES: The Contractor shall assure that each Transportation Security Officer and Lead Transportation Security Officer utilized under this contract submits to and passes the health certification requirements as required herein. Physical fitness shall be evidenced on a Standard Form (SF) 78, Certificate of Medical Examination (Attachment A). The required examination shall utilize the SF 93 (Attachment B), a copy of which shall be retained by the Contractor. No person shall assume Transportation Security Officers duties under this contract until this certificate (SF-78) has been submitted to the COTR for review and verification.

Transportation Security Officers shall be required to pass an annual medical examination to include the minimum standards listed above, the cost of which shall be borne by the Contractor. These persons shall meet those standards or be relieved of their duties until such time as the condition is satisfactorily corrected and/or an improvement is continuously shown.

DRESS AND EQUIPMENT CODE FOR TRANSPORTATION SECURITYOFFICER

In order to promote easy identification for DEA personnel, other Federal

Officials and the general public, all Transportation Security Officers shall routinely be dressed in a uniform designated by the contractor during performance of work under the DEA contract.

Level 3 “A” ballistic protection vest shall be worn under the duty uniform shirt of the Transportation Security Officers during designated heightened states of security, which are determined by the COTR prior to the task order being issued. Transportation Security Officers have the option of wearing the vest during all other times. The contractor shall provide the vest to each officer and uniformed supervisor assigned to perform work under this contract.

4.

GOVERNMENT FURNISHED PROPERTY

The vehicle(s) used to transport the bulk marijuana will be provided by DEA and will be a van (s) or truck (s) equipped with passive emergency lights. The DEA provided van(s) or truck(s) cargo area shall be secured with a DEA provided seal/lock.

DEA-provided vehicles shall be used for official purposes only and solely in the performance of this Contract. Only those individuals performing official business on this Contract are authorized to operate and ride as passengers in DEA-provided vehicles. DEA-provided vehicles shall not be used for transportation between residences and places of performance or to conduct personal business. The Contractor will be held liable for any costs associated with misuse of DEA provided vehicles. The Contracting Officer will ensure that appropriate action is taken to collect costs from the Contractor should the Contractor be at fault for damage to DEA-provided vehicles, including damage that may occur during the performance of services under this Contract.

In the event of a motor vehicle accident, the Contractor shall notify the local or state police and the COTR as soon after the accident as possible. The Contractor shall have in his possession a DEA Accident Form Package. This form will be provided by the COTR after award. The Contractor shall obtain the following information about the other driver involved in the accident:

--name and address of the other driver;

--permit number, issuing state and expiration date of other driver’s license;

--name and address of the owner of the vehicle;

--make, type, year, license number and state in which the vehicle was registered; --name of insurance company and policy number.

Additionally, the Contractor shall provide a list of the following information to the COTR:

-- any obvious or mentioned personal injuries to any person(s) as a result of the accident;

--damage to the other vehicle;

--damage to the DEA-provided vehicle;

--name, badge number, precinct number of the police officer at the scene, if any, and the police report number; and

--names and addresses of any witnesses to the accident and any passengers in the Government vehicle.

The Contractor shall not abandon a DEA-provided vehicle unless immediate or emergency medical attention is required. If the vehicle is immobile, the Contractor shall inform the COTR who is responsible for proper removal of the vehicle to the nearest DEA office.

Seatbelts must be worn at all times while operating or riding in a DEA-provided vehicle. The driver shall be responsible for passenger adherence to this policy.

DEA-PH.0006

Mandatory Use of Seat Belts

(Mar 1998) Pursuant to Executive Order 13043, dated April 17, 1997, and the Department of Justice Policy on Seat Belt Use, dated March 19, 1998, Contractors, subcontractors, and their employees are required to use seat belts when operating company-owned, rented, personally owned, or authorized Government Owned vehicles when such vehicles are used in connection with performance under this contract.

Contractors and subcontractors are encouraged to adopt and enforce, as a company-wide operational standard, the use of on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

(End of Clause)

Smoking, eating, and drinking are prohibited in all DEA-provided vehicles Drivers of DEA-provided vehicles must obey all motor vehicle traffic laws of the state(s) and/or local jurisdictions in which they operate. Traffic fines imposed on a Contractor for an offense committed while in the performance of this Contract shall be the responsibility of the Contractor. This includes fines for parking violations. Motor vehicle tickets received shall be reported to the COTR within 24 hours of receipt.

DEA will pay for the fuel via DEA gasoline credit cards that will be assigned to each official government vehicle (OGV). The Contractor shall be required to obtain and submit the credit card receipts for fuel for inclusion the DEA vehicle files in accordance with DEA policies and procedures.

DEA will provide portable radios for effective communications. The Tucson District Office will provide instructions explaining the use, handling and operating of the two way radios at the time of issuance.

The Contractor shall provide at least two unmarked vehicles to accompany the transportation of bulk marijuana to and from DEA Offices, BP Stations and the Destruction Facility.

5.

WEAPONS

The Contractor’s personnel shall be armed with a sidearm pistol. The Contractor shall certify that its personnel have the appropriate permits to carry weapons. The Contractor shall provide the weapons and weapons training to its personnel, and bi-annual re-qualification certifications to comply with DEA’s basic firearms qualifications; and also be in compliance with Arizona State law. An individual who fails to re-qualify is no longer certified to carry a weapon and shall not be assigned to perform on this Contract until the re-qualification requirement is met, according to the DEA Basic Qualification Requirements. The certification should be provided bi-annually.

Handgun Qualification: Transportation Security Officers as well as alternates shall qualify with a pistol and the pistol must be identical to be the one that will be used in the performance of Transportation Security Officer duties (Weapon Models listed below). NOTE: Public Law 104-208 has amended Title 18, United States Code, Sections 921, 922 and 925, making it unlawful for any person convicted of a “misdemeanor crime of domestic violence” to ship, transport, possess or receive firearms or ammunition. Such persons shall not be suitable to perform armed services under this contract.

The Contractor shall administer a test to each person proposed for a position as a Transportation Security Officer in order to determine his/her pistol weapons handling proficiency. The Contractor shall furnish to the COTR a certification for those individual(s) who have successfully demonstrated the required proficiency within 30 days of contract award. For persons proposed as replacement or additional personnel, the certification shall be provided to the COTR prior to the individual’s commencement of duties under this contract. At least one (1) week prior to the conduct of the required test, the Contractor shall notify the COTR that a test will be held. The Government reserves the right to send a representative, to be designated by the COTR, to observe the test.

Handguns shall be the any of the following:

Glock 9mm Models 17,1 9 ,26,and 34

Glock .40 caliber models 22, 23 ,27, and 35

Glock .45 caliber models 31 and 30

Sig Saure models P220 (.45 caliber),P225,P226 (9mm and .40

Caliber)P228, P229 P239(9mm and 040 caliber, P245 AND SP2340

Heckler & Koch USP 9mm, and .040 semi-automatic pistols.

Smith & Wesson Models 640, 649, 60 and 36

Only the authorized handgun shall be carried on duty and only one firearm shall be carried. This weapon shall be carried in a holster on the hip.

Firearm trigger guard for duty weapon shall be utilized when the weapon is stored on site (non-duty status).

Copies of the permits, licenses, certificates, or similar official documents shall be provided to the COTR within 30 days of contract award or prior to the commencement of work under this contract by any subsequently required (e.g., replacement or additional) Transportation Security Officer. Copies of all related bonds shall be similarly furnished.

6.

PLACE OF PERFORMANCE

Locations shall be Federal, State, and Tribal governments within the State of Arizona and other locations within the state of Arizona, including Border patrol stations, local police departments, DEA offices and other law enforcement agencies as well as other locations within the state of Arizona designated by the COTR.

From:

Locations in the Tucson, Arizona area

Locations between Tucson and Nogales area

Locations between Sierra Vista, Yuma, and Phoenix area

Locations in any other area in the State of Arizona

To: Tucson Iron and Metal

4484 E. Tennessee

Tucson, AZ 85741

(See Attachment C) - Terms and Conditions for Tucson Iron and Metal.

A. A representative(s) of the Contractor shall be assigned on a full-time or part-time basis at one or more DEA offices in the State of Arizona.

B. Transportation services will be dispatched from Tucson, Arizona; therefore, the contractor must be located within the local commuting area to be readily available and briefed within a 24 hour timeframe for each load. Transportation services will be between Tucson and Nogales or Sierra Vista, Arizona and any other location in the State of Arizona.

7.

DEFINITIONS

BP Stations – any and all fixed BP Stations and BP Checkpoint locations in Southern Arizona, to include but not limited to: Ajo, Casa Grande, Nogales, Tucson, Wilcox, Douglas, Naco, Sonoita, Yuma and Welton Stations.

DEA Offices – any and all DEA offices in Arizona to include the Tucson, Nogales, Sierra Vista, Phoenix, Glendale, Scottsdale, Yuma, Lake Havasu City, and Flagstaff offices.

DF – Tucson Iron and Metal Incinerator, located in Tucson, Arizona.

8.

PERIOD OF PERFORMANCE

Base Year:

September 30, 2009 - September 29, 2010

Option Year I:

September 30, 2010 - September 29, 2011

Option Year II:

September 30, 2011 - September 29, 2012

Option Year III:

September 30, 2012 - September 29, 2013

Option Year IV:

September 30, 2013 - September 29, 2014

9.

ORDERING

(a). The Contractor will receive written notice from DEA when services will be required, 24 hours prior to the activity. The Contractor shall report to the specified DEA office or border patrol location and receive a briefing on the required activities. The Contractor shall have the minimum number of personnel and vehicles, as specified in the written notice/task order assembled prior to the briefing. The Contractor’s personnel shall travel to one or more sites listed above, load bulk marijuana, and either return to a DEA office or the DF, as specified in the written notice/task order.

(b). DEA will provide a point of contact at one or more of the specified pickup locations. DEA will issue “seals” or tags that will be affixed to the lock on the load vehicle. The Contractor’s personnel and vehicles will be identified and sent by the vendor to the point of contact at the site where the Contractor’s personnel shall take possession of the bulk marijuana. The Contractor shall appoint a supervisor/ Lead Transportation Security Officer of its personnel who is responsible for the coordination of planning, loading, accountability, chain of custody, security, transportation, unloading, and documentation. Start mileage shall be provided to DEA at the loading site and tracked via two way radio.

(c). At the loading site, the Contractor’s supervisor/ Lead Transportation Security Officer shall be strictly held to an established transfer process to maintain an evidentiary chain of custody. The Contractor’s supervisor/ Lead Transportation Security Officer shall collect all reports, including custody receipts, at the loading site. The Contractor’s supervisor/ Lead Transportation Security Officer shall not accept any bulk marijuana or assume responsibility if there is any discrepancy in the documentation or bundle count. Border Patrol Report of Apprehension and Seizure (Form I-44) is to correspond with the bulk marijuana pick-up. The Contractor’s supervisor/ Lead Transportation Security Officer shall sign the US Border Patrol evidence logbook documenting the pick-up of the bulk marijuana. The Contractor’s supervisor/ Lead Transportation Security Officer shall sign a form DEA-12 (Receipt for Cash or Other Items) when receiving up bulk marijuana from a DEA facility. When the bulk marijuana is the result of an “investigation” and is not an “abandoned load,” the Contractor shall ensure that the investigative bulk marijuana exhibit(s) are segregated. The Contractor’s supervisor/ Lead Transportation Security Officer may be required to testify as a fact witness, as to the chain of custody of an exhibit(s) of bulk marijuana for the prosecution. When bulk marijuana movement is part of an investigation and prosecution, a DEA Special Agent, DEA Task Force Officer, and/or Border Patrol Agent assigned to DEA will be present and be in actual control of the bulk marijuana for chain of custody purposes. DEA personnel will accompany the Contractor in these situations and will maintain custody of all bulk marijuana of evidentiary value.

(d). When the Contractor’s personnel transport bulk marijuana to a DEA office are required to travel to a second pick-up site, the Lead Transportation Security Officer shall use the process stated above. Upon returning to the DEA office (office determined by location of seizure or pick-up), the Lead Transportation Security Officer shall record with DEA the ending mileage on all vehicles used and verify Contract personnel present at the unloading at the DEA office. All documentation obtained from the loading sites shall be provided to DEA. The Contractor’s personnel shall be released only when the bulk marijuana is secured at the DEA office and all documentation is obtained and verified.

(e). When the Contractor is required to load, transport, and unload at the Destruction Facility, the Contractor’s personnel shall report to the DEA office and receive a briefing for the day’s activities. When the Contractor travels to a DF, a DEA Group Supervisor and one other DEA Special Agent will accompany the Contractor’s personnel. DEA will maintain custody of the bulk marijuana until its destruction at the DF. The Contractor’s personnel shall load, provide mobile security, unload at the DF, and provide perimeter security at the DF. The DEA Group Supervisor will obtain a list of the Contractor’s personnel present and release the Contractor’s personnel when the destruction is completed.

10.

INSURANCE REQUIREMENTS TO BE PROVIDED BY THE CONTRACTOR

· Workers compensation in the amount to satisfy applicable state law

· Employers liability

· Comprehensive general liability

· Vehicle Insurance: The Contractor shall hold third-party vehicle insurance to cover the operation of Government vehicles and equipment by its personnel. Limits must be of at least $200,000.00/$500,000.00 public liability and $50,000.00 property damage. The Contractor’s personnel shall not operate DEA-provided vehicles until the Contracting Officer and COTR have received written confirmation of appropriate insurance coverage upon confirmation of DEA clearances.

· The following vehicle types shall be furnished from the Tucson District Office used to transport the bulk marijuana

· Special Purpose Official Government Vehicles:

24ft Box Trucks

Panel Vans

Dully Pickup Trucks

Pickup Trucks

11.

LAUTENBERG AMENDMENT STATEMENT

Because the Contractor’s personnel shall be authorized to carry weapons in the performance of this Contract, they shall submit a signed and dated “Domestic Violence” certification that satisfies the legal requirements of the Lautenberg Amendment, 18 USC 922(G)(8) and (9). The certification is valid for one (1) year and shall be recertified and resubmitted annually. The Contractor shall maintain a file of its personnel’s certifications and provide the COTR with a signed statement certifying compliance, upon completion of DEA background investigation, with this requirement. If at any time one of the Contractor’s personnel has a disqualifying event under the Lautenberg Amendment, the Contractor shall notify the COTR and immediately remove the individual from performing on this Contract. The Contactor shall then submit a new certification to the COTR stating that all of its personnel are in compliance with the Lautenberg Amendment.

12.

CONTROLLED SUBSTANCES REGISTRATION

A private Contractor handling and possessing controlled substances is required to become a DEA Registrant. The Contractor shall apply for registration on-line at the DEA Diversion web-site: www.deadiversion.usdoj.gov. This process will be initiated upon the award of the contract.

· The Contractor shall apply for DEA registration as an "Analytical Lab".

· Once in the registration system, the DEA Phoenix Filed Division will conduct a pre-registration investigation of the Contractor.

· Once the investigation is complete and the Phoenix Filed Division approves the application, a DEA registration certificate will be mailed to the Contractor.

13.

SECURITY REQUIREMENTS

The personnel security access level for this Contract is DEA SENSITIVE. U. S. citizenship, by birth or naturalized, is required. DEA’s approval to perform on this order will be based on a favorably adjudicated National Agency Check and Inquiries (NACI). A current favorably adjudicated NACI, Minimum Background Investigation (MBI), Limited Background Investigation (LBI), or Single Scope Background Investigation (SSBI) conducted by the Office of Personnel Management (OPM), the Department of Defense/Defense Security Service (DOD/DSS), or other Federal agency will be accepted. Detailed security requirements and the documentation required to obtain approval for access to DEA information, material, work sites, and other facilities are provided in the attached Security Provision DEA-2852.204-83 (March 2009). The Security Provision is also available at www.dea.gov. Go to Acquisitions & Contracts; click on Policies; then click on Security Provision DEA-2852.204-83 (February 2009).

JAR-PGD-08-04A Security of Systems and Data, Including Personally Identifiable Data March, 2008

a. Systems Security

The work to be performed under this contract requires the handling of data that originated within the Department, data that the contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department Programs or personnel. For all systems handling such data, the contractor shall comply with all security requirements applicable to Department of Justice systems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST) DOJ IT Security Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information regarding the contractor’s systems when requested by the Department in connection wit its efforts to ensure compliance with all such security requirements, and shall otherwise cooperate with the Department in such efforts. DOJ access shall include independent validation testing of controls, system penetration testing by DOJ, FISMA data reviews, and access by the DOJ Office of the Inspector General for its reviews. The use of contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the contractor provides a letter to the contracting officer (CO) certifying the following requirements:

1. Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product; 2. The contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date; 3. Mobile computing devices will utilize anti-viral software and a host-based firewall 4. The contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All DOJ information is sensitive information unless designated as non-sensitive by the Department. 5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted using a NIST FIPS 140-2 approved product; 6. When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to DOJ; 7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts; 8. Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information; 9. All DOJ data will be removed from contractor-owned laptops upon termination of contract work. This removal must be accomplished in accordance with DOJ IT Security Standard requirements. Certification of data removal will be performed by the contractor’s project manager and a letter. Confirming certification will be delivered to the CO within 15 days of termination of contractor work;

b. Data Security By acceptance of, or performance on, this contract, the contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e. loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the contractor will immediately (and in no event later than within one hour of discovery) report the breach to the DOJ CO and the contracting officer’s technical representative (COTR). If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team (DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. The contractor shall also notify the CO as soon as possible during regular business hours.

c. Personally Identifiable Information Notification Requirement The contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonable believed to have been, breached. Any notification shall be coordinated with the Department, and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the contractor shall be coordinated with, and be subject to the approval of, the Department. The contractor assumes full responsibility for taking corrective action consistent with the Department’s Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

d. Pass-through of Security Requirements to Subcontractors The requirements set forth in Paragraphs a through c above apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions set forth in this clause will be attributed to the contractor.

JAR-PGD-08-04A Information Resellers or Data Brokers, March 2008

Under this contract, the Department obtains personally identifiable information about individuals from the contractor. The contractor hereby certifies that it has a security policy in place which contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an unauthorized person while the data is under the control of the contractor. In any case in which the data that was lost or improperly acquired reflects or consists of data that originated with the Department, or reflects sensitive law enforcement or national security interest in the data, the contractor shall notify the Department contracting officer so that the Department may determine whether notification would impede a law enforcement investigation or jeopardize national security. In such cases, the contractor shall not notify the individuals until it received further instruction from the Department.

DEA-PH.0012 Conflict of Interest July

The Contractor warrants that, to the best of its knowledge and belief, and except as otherwise set forth in this contract, the Contractor does not have any organizational, personal or legal conflicts of interest as defined below:

The term "organizational conflict of interest" means a situation where a Contractor has interests, either due to its other activities or its relationships with other organizations, which places it in a position that may be unsatisfactory or unfavorable (i) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (ii) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

Legal conflicts of interest may arise when the Contractor is involved in a similar project matter for other entities including other parties.

Personal conflicts of interest can arise when proposed staff has previously worked for the opposing party (even in a non-related job) or if the staff proposed has a financial interest in the opposing party's business.

The Contractor agrees that, if after award the Contractor discovers an organizational, legal or personal conflict of interest with respect to this contract, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The disclosure shall include a description of the action the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.

In the event that the Contractor was aware of an organizational, legal or personal conflict of interest prior to the award of this…