SOW.pdf

U. S. DEPARTMENT OF JUSTICE

United States Marshals Service

Asset Forfeiture Division

STATEMENT OF WORK FOR DISPOSAL OF PERSONAL PROPERTY

A. PARTIES AND PURPOSE

1. This agreement is between the contractor and the U.S. Marshals Service (USMS). The contractor shall provide for the relocation, disposal and storage of home furnishings, electronics, select appliances, farm-related equipment, and other miscellaneous assets.

2. The contractor will conduct a live and an on-line simulcast, continuous auction on a single day. The live auction shall be held at the Rockford Parks District Indoor Sports Center in Rockford, Illinois to begin Saturday, October 10, 2015.

3. Removal of all items, those both sold and not sold, shall be completed no later than 24 hours from the close of auction.

4. For any and all items not sold during the live auction with simulcast, the contractor shall store the assets and sell them via online auction with a soft or dynamic close (i.e., bidding does not end until there are no bids placed over a specified period of time agreed upon by the USMS at the auction close).

5. (TENTATIVE DATES) Set-up for the live auction shall occur on Thursday, October 8, 2015 and Friday morning, October 9, 2015. A public preview shall be held on Friday, October 9, 2015 from 1:00 p.m. until 5:00 p.m. The live auction shall be held on Saturday, October 10, 2015. The contractor shall be responsible for staffing all periods between October 8 and 11, 2015, to include a plan for around-the-clock security while items are on-site at the live auction venue.

B. DEFINITIONS AND TERMS

1. "AS IS, WHERE IS": Property will be sold with no warranty or guarantee whatsoever and purchased exactly as it appears at auction, to include depictions in photographs for any on-line sales. Items will be sold based on their appearance only. "As is" is a disclaimer of warranties or representations. "Where is" denotes that the buyer takes the item as offered for sale as found and must remove it from the point of sale, or in the case of an online auction, from its advertised location at the buyer’s expense.

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

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

C. CONTRACTOR REQUIREMENTS

1. The contractor shall prepare and transmit to the USMS a Sales Plan that includes:

a. Advertising and marketing strategy(ies);

b. Staffing, to include number of auctioneers for a continuous sale process and administrative support for collection of sale proceeds and preparation of all documentation;

c. Setup, to include containment of participants and spectators at the auction site designated by the USMS;

d. Process for on-line auctions, to include a back-up plan for receiving bids, and notifying prospective bidders, should the website become unavailable;

e. Process for live and on-line simulcast capabilities;

f. Internet website traffic and bandwidth capabilities for advertising, preview, and sale periods;

g. A single day preview process one day before the auction;

h. Registration, check out, asset pickup process, to include completion of documentation, and bid deposit collection and refund process;

i. Security and parking plan for preview, live auction and release days;

2. The contactor shall transport the items for sale from the storage location to the auction site approximately 10 miles.

3. The contractor must comply with all applicable employment laws in the hiring and retention of employees and subcontractors, including the Immigration and Nationality Act and the provisions of Title 8 C.F.R. Part 274a.

4. It is anticipated the contractor shall commence sale preparation immediately upon contract award, with anticipated completion of all sales within the timeframes directed by the USMS.

D. ADVERTISING

1. The contractor SHALL NOT DISCLOSE Government information, such as but not limited to CATS Asset Identification or court case information, in any advertisement.

2. Contractor shall first consult with the USMS before releasing advertising material.

3. The contractor is required to advertise assets for sale prior to the auction to expose the items to the greatest audience, to include via a contractor-operated Internet website in a timeframe as directed by the USMS. Contractor must provide the website link to the USMS to be posted on the USMS website. The contractor’s website shall be supported by a server to provide acceptable download speeds by a high number of users in a short time period of time.

E. SECURITY

1. Adequate security during the preview, live auction and removal/release periods shall be the responsibility of the contractor.

2. The contactor shall provide security, vehicular traffic control, to include uniform parking in unmarked fields at the live auction venue, and crowd containment during the auction period.

3. Deputy U.S. Marshals shall be present during preview and auction periods.

4. On-site parking shall be reserved for media and law enforcement.

5. The contractor shall ensure neither alcoholic beverages, or other prohibited items are introduced to the auction grounds.

6. Concessions will be provided by the City of Rockford.

F. DISPOSAL

Requirements for the auction

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

2. The contractor shall not charge any entry fee, processing fee, or any other charges or fees. The contractor shall not charge the USMS any sale’s fees, commissions, etc. An agreed upon buyer’s premium is the only authorized charge that shall be passed onto a buyer.

3. Auctions must be conducted by an auctioneer. The auctioneer must be licensed (if applicable by state and/or municipality) and a Member of the National Auctioneers Association or the Certified Auctioneers Institute. It is the responsibility of the contractor to ensure the auctioneer has the applicable licensing and/or permits according to state and local laws for the duration of the contract.

4. The contractor shall post the Sales Terms and Conditions for USMS auctions and USMS Asset Forfeiture Division Personal Property Forfeited Property Sales Certification in a public area where they can be viewed by prospective buyers, and on the contractor’s website.

5. If a minimum bid is required, the COR will notify the contractor, in writing.

6. Items are sold “As Is, Where Is.”

7. The contractor shall determine, with COR concurrence, the best method of bid deposit collection. If deposit is not collected at registration, contractor must provide free storage if the asset is sold, but sale is not finalized. Forfeited bid deposits shall be given to the

USMS.

8. The USMS reserves the right to remove any asset from the auction at any time prior to sale

9. The contractor shall receive and be responsible for all money collected during the auction. The USMS will not be responsible for money that is lost, stolen, received in error, or misapplied while in the hands of the contractor

10. The contractor shall submit gross sales proceeds and sales documents to the COR within five (5) business days of the auction via certified check, cashier’s check, money order or Electronic Funds Transfer (EFT). All gross sales proceeds are property of the USMS and shall not be used by the contractor.

11. The following persons shall be prohibited from purchasing property through the U.S.

Department of Justice Asset Forfeiture Program and are also, therefore, barred from placing bids to buy such property:

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

b. Employees of the Asset Forfeiture Division, U.S. Marshals Service, and other U.S. Marshals Service employees directly involved with the Asset Forfeiture Program, and their immediate family members, defined as any persons residing in the same household as the employee, whether or not related by blood or marriage; spouses; parents; parents‐in‐law; grandparents; siblings; aunts and uncles; first cousins; and all their spouses;

c. Employees of any state or local governmental agency who, directly or indirectly, perform duties associated with the seizure and forfeiture of property by the U.S.

Department of Justice, and/or which participates in the U.S. Department of Justice Equitable Sharing Program;

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

e. Anyone whose conduct gave rise to the criminal indictment in the case of United States v. Rita Crundwell, Case No. 12 CR 50027

f. Anyone convicted of the criminal conduct underlying the forfeiture of the property in the case of United States v. Rita Crundwell, Case No. 12 CR 50027

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

h. Special circumstances may rebut the presumption, i.e., supersede the above determination, that someone is or is not a prohibited purchaser in one or more of the above categories, as determined by the USMS and the relevant U.S.

Attorney’s Office (USAO), with the concurrence of its Ethics Officer, Office of General Counsel.

Requirements for live auction

1. The contractor, through coordination with the CORs, shall be given access to the assets in the current storage area to inspect the inventory prior to auction. The contractor may make suggestions for lotting the assets in a different manner than they are currently situated. Any suggestions, if lotting differs from the USMS inventory list, must be approved by the COR

2. The live auction venue shall be the Rockford Parks District Indoor Sports Center in Rockford, Illinois. Within the facility the contractor shall provide a plan to maximize the auction venue.

a. The arrangements have been made at the location and the contractor will pay the city of Rockford directly for use of the facility

3. The contractor shall be responsible for relocation of all items between the storage location and to the auction venue site, to include supplying labor, transportation, and protection of each item to prevent any damage during shipment.

a. Multiple trips should be taken to move the property rather than packing any boxed truck too full so damage may occur.

b. The contractor shall bear responsibility for any damage to an item, to include compensation to the USMS at replacement value.

4. During the auction period the contractor shall provide the labor and moving equipment (e.g., dollies on casters) to carefully reposition each item to the stage area for bidding, before relocating the item following sale pending its payment and pickup.

5. The contractor shall leave the facilities and all grounds, to include parking lots, following the auction as found upon occupancy, with responsibility for policing all areas for trash, to include tobacco products. Trash shall be removed from the premises by the contractor.

6. The contractor shall allow one day from 1 P.M. to 5:00 P.M. for the previewing of all items up for sale prior to the auction. Preview to be held Friday, October 9, 2015

7. Adequate security during the preview and auction day shall be the responsibility of the contractor.

8. USMS representative will attend the live auction to approve/disapprove bids in person.

9. For all items not sold during the live auction on October 10, 2015 subsequent online auctions will be held at the COR’s discretion until all assets are sold. All items shall be sold before December 31, 2015.

Requirements for simulcast and online auction

1. Online auctions must be open to the public, through an Internet website with applicable security measures to protect against hacking. The contractor shall disclose on its website its backup plan for receiving bids should its website become unavailable.

2. The contractor's Internet website will clearly state that the contractor is conducting sales of forfeited assets on behalf of the USMS.

3. The contractor’s internet website must allow bids to be placed on an online platform.

4. The contractor shall post photographs of each item online and have a live video feed of the auction.

a. The contractor will be responsible for taking pictures for all items that will be sold via online sale.

G. RELOCATION AFTER AUCTION

1. Contractor shall remove the unsold assets from the Auction site, located in Rockford, Illinois and move them to a storage location for the online sale.

2. Contractor shall develop and communicate a plan to execute the specified relocation of assets that were not sold at the live auction to the contractor’s storage facility, giving consideration to hours of operations, and size of crew needed to complete job

3. Contractor shall be responsible for preserving the integrity of the assets during the relocation process

H. STORAGE

1. The contractor shall provide secure indoor storage for all assets to be stored in a manner to preserve the integrity of the assets

2. Should any storage issues arise during the term of the contract, the COR shall be immediately notified.

3. Any requests for information regarding seized assets shall be forwarded to the COR

4. The contractor shall keep an up-to-date electronic inventory e.g. (excel spreadsheet) of all personal property in its possession. The electronic inventory shall be able to identify exactly where a particular piece of property is located within the storage facility.

a. The CO and COR shall have access to the electronic inventory as needed