DJMS-08-Q-0020.doc

REQUEST FOR QUOTATIONS

VEHICLE TOWING, STORAGE, MAINTENANCE, AND DISPOSAL SERVICES FOR THE USMS DISTRICT OF MARYLAND

SOLICITATION # DJMS-06--Q-0020

REQUEST FOR QUOTATIONS

VEHICLE TOWING, STORAGE, MAINTENANCE, AND DISPOSAL SERVICES FOR THE WESTERN DISTRICT OF WASHINGTON

SOLICITATION # DJMS-08-Q-0020

TABLE OF CONTENTS

REQUEST FOR QUOTATIONS

For

VEHICLE TOWING, STORAGE, MAINTENANCE, AND DISPOSAL SERVICES

IN SUPPORT OF THE

UNITED STATES MARSHALS SERVICE

WESTERN DISTRICT OF WASHINGTON

ASSET FORFEITURE OFFICE

QUOTATIONS ARE DUE NO LATER THAN 4:00 PM EASTERN TIME ON THURSDAY JUNE 12, 2008.

NOTE: Quotes may be e-mailed to Gary.Insley2@usdoj.gov, faxed to (202) 307-5020, or mailed/delivered to one of the following addresses.

MAILING ADDRESS ONLY

FEDEX & UPS DELIVERY ONLY

GARY INSLEY

GARY INSLEY

UNITED STATES MARSHALS SERVICE

UNITED STATES MARSHALS

ASSET FORFEITURE OFFICE

CS-3, SUITE 402

CS-3, SUITE 402

3601 PENNSY DRIVE

WASHINGTON, DC 20530-1000

LANDOVER, MD 20785

FOR INQUIRES ON THIS SOLICITATION PLEASE CALL (202) 307-5009 OR E-MAIL GARY.INSLEY2@USDOJ.GOV.

Dear Prospective Offeror:

We appreciate your interest in this procurement for Vehicle Towing, Storage, Maintenance, and Disposal Services for the Western District of Washington (W/WA). Attached is Standard Form 1449 (Solicitation/Contract/Order for Commercial Items), along with Attachments #1, #2, #3, #4, #5, #6, #7, and #8. Each company is advised to carefully review the Solicitation and Attachments before submitting your quote.

The Government may evaluate quotes and award a contract without discussions. Therefore, each company is encouraged to submit a complete quote containing their best terms from a Price, Past Performance, and Technical standpoint.

A checklist is provided in the solicitation to assist with completing the quote.

Your quote should contain the following information:

Phase #1

1) Signed and Dated SF-1449, Completed Offeror’s Information Page, and Completed Solicitation Checklist.

2) Signed and Dated Standard Form SF-30 (Amendment of Solicitation/Modification

Of Contract) [If any amendments were issued] 3) The Representations and Certifications with all fill-ins completed (Part 6).

4) Three (3) Past Performance Data Worksheets (Attachment #6) - one (1) original and one (1) copy.

5) Price Quote (Part 1) - one (1) original and one (1) copy.

6) Proposed Storage Facility – Memorandum of Understanding and address of Facility.

Phase #2 7) Technical Capability Materials - one (1) original and three (3) copies – which will be submitted at the beginning of the Oral Presentation.

Note: Incomplete quotes will not be considered for award.

Note:

All questions with respect to this solicitation must be submitted in writing no later than 4:00pm EST, Friday, May 23, 2008.

The United States Marshals Service (USMS) and the Western District of Washington W/WA) are looking forward to working with your company in the future.

Sincerely, Gary Insley, Contracting Officer U.S. Marshals Service

Asset Forfeiture Office

OFFEROR’S INFORMATION PAGE

Each company shall complete this page and the attached Solicitation Checklist and submit as the first page of their quote.

Offeror’s Name (include ‘Doing Business As’ (DBA) and/or ‘Limited Liability Corporation’ (LLC) if applicable): ______________________________________________________________________________

Offeror’s Address:

Offeror’s Email and Website:

Phone Number:

Fax Number:

Dun’s Number:

Federal Tax I.D. Number:

Business Size (check all that apply):

_____ Small Business

_____ Small Disadvantaged Business

_____ Woman-Owned Small Business

_____ Veteran-Owned Small Business

_____ Service-Disabled Veteran-Owned Small Business

_____ 8(a) Certified Small Business

_____ Large Business I, ______________________________________________, represent that, to the best of my knowledge and belief, the information included in my offer is complete, accurate, and true.

Signature

Date

SOLICITATION CHECKLIST

SOLICITATION INSTRUCTIONS

PHASE #1

Completed Offeror’s Information Page

Completed Solicitation Checklist

Signed and Dated Standard Form SF-1449 (Solicitation/Contract/Order for Commercial Items)

Signed and Dated Standard Form SF-30 (Amendment of Solicitation/Modification Of Contract) [If any amendments were issued]

Representations & Certifications with all fill-ins completed (Part 6)

(See Past Performance Instructions)

Three (3) Past Performance Data Worksheets (Attachment #6) – One (1) Original and One (1) Copy – (Phase #1)

(See Price Quote Instructions)

One (1) Original and One (1) Copy of the Price Schedule (Part 1) – (Phase #1)

Proposed Storage Facility

PHASE #2

(See Technical Capability Instructions)

One (1) Original and Three (3) Copies of the Technical Capability Materials at the beginning of the Oral Presentation

PART 1

SUPPLIES OR SERVICES AND PRICES/COSTS

CONTINUATION OF SF1449 - BLOCK 20 - SCHEDULE OF SUPPLIES/SERVICES

1.

FIRM-FIXED PRICE CONTRACT LINE ITEM NUMBERS

The contract Price Schedule contains firm-fixed price line items. Only items identified in the Price Schedule are payable under this contract. The firm-fixed prices are considered payment in full for all labor, profit, overhead, G&A, fringe benefits, reports, logs, postage, advertisements, printing, photographs, tools, machinery, equipment, supplies, materials, oils, fuel, lubricants, insurance, tow vehicles, and all other costs associated with performance of the services as specified.

2.

STORAGE, MAINTENANCE AND REPAIR

All vehicle storage categories are specified in the Price Schedule and Statement of Work (SOW). The COTR has the discretion to determine the storage category of a vehicle and if monthly maintenance will be required. The COTR also has the sole discretion in determining if any repairs will be made to the vehicles. The COTR can only order repairs listed in this contract. All other repairs must be ordered under a separate contractual arrangement.

3.

ESTIMATED QUANTITIES

Actual quantities required under this contract are unknown. The quantities will vary according to the operational requirement of the U.S. Marshals Service. The estimated quantities that may be required under this contract are specified in the Price Schedule. The fact that estimated quantities are not ordered does not constitute a claim for equitable adjustment.

4.

DEPARTMENT OF LABOR WAGE DETERMINATION

Pricing shall include wages and fringe benefits specified in the attached Department of Labor Wage Determination numbers: 05-2559 (Rev. 6), 05-2441 (Rev.4), 05-2561 (Rev. 6), 05-2563 (Rev. 5), and 05-2567 (Rev. 6) 5.

PERIOD OF PERFORMANCE

The contract term commences on the date of award and continues for 12 calendar months.

6.

MINIMUM GUARANTEE

The minimum guarantee is calculated based on 10% of the total estimated dollar amount for the Base Year only. The minimum guaranteed dollar amount may be met by ordering from any line item in the Base Year. There are no guaranteed minimums for any of the Option Periods.

7.

CONTRACT MAXIMUM

The contract maximum for each contract year is 150% of the estimates identified in the Price Schedule.

8.

EVALUATION CRITERIA

The contract award will be made based upon Technical Capability, Past Performance and Price. See FAR 52.212-2 “Evaluation – Commercial Items (Jan. 1999) under PART 3 in the Evaluation Factors for Award section. Each area / section of Technical Capability must be addressed during the Oral Presentation. Completed “Past Performance Data Worksheets” must be submitted for three (3) similar and relevant federal or commercial contract completed in the last three (3) years. A completed Price Schedule (Part 1) must be submitted to address the Price evaluation factor.

10.

CURRENT CONTRACTOR AND LOCATION OF VEHICLES

James G. Murphy Co.

68th Ave NE

Kenmore WA 98028 SEQ CHAPTER \h \r 1BASE YEAR

CLIN 0001

TOWING - STANDARD VEHICLE

QTY

See above – Item #10.

CLIN 0002

TOWING - LARGE VEHICLE

QTY

See above – Item #10.

CLIN 0003

STORAGE - STANDARD VEHICLE

QTY

DAYS

TOTAL PRICE

(Inside with maintenance)

(Outside with maintenance)

(Outside no maintenance)

CLIN 0004

STORAGE - LARGE VEHICLE

QTY

DAYS

TOTAL PRICE

CLIN 0005

REPAIRS

QTY

TIRE REPAIRS

BATTERY REPLACEMENT

KEY REPLACEMENT

REMOVAL OF HIDDEN COMPARTMENTS

CLIN 0006

DISPOSAL OF VEHICLES

SALES PER YEAR

SALES

COMMISSION

TOTAL

COMMISSION

QTY

ESTIMATED TOTAL PRICE FOR BASE YEAR (CLIN 0001 - 0006): $____________________

OPTION YEAR 1

CLIN 1001

TOWING - STANDARD VEHICLE

QTY

CLIN 1002

QTY

CLIN 1003

QTY

DAYS

TOTAL PRICE

(Inside with maintenance)

(Outside with maintenance)

(Outside no maintenance)

CLIN 1004

QTY

DAYS

TOTAL PRICE

CLIN 1005

QTY

TIRE REPAIRS

BATTERY REPLACEMENT

KEY REPLACEMENT

REMOVAL OF HIDDEN COMPARTMENTS

CLIN 1006

SALES PER YEAR

SALES

COMMISSION

TOTAL

COMMISSION

QTY

ESTIMATED TOTAL PRICE FOR OPTION YEAR 1(CLIN 1001 – 1006) $___________________

OPTION YEAR 2

CLIN 2001

TOWING - STANDARD VEHICLE

QTY

CLIN 2002

QTY

CLIN 2003

QTY

DAYS

TOTAL PRICE

(Inside with maintenance)

(Outside with maintenance)

(Outside no maintenance)

CLIN 2004

QTY

DAYS

TOTAL PRICE

CLIN 2005

QTY

TIRE REPAIRS

BATTERY REPLACEMENT

KEY REPLACEMENT

REMOVAL OF HIDDEN COMPARTMENTS

CLIN 2006

SALES PER YEAR

SALES

COMMISSION

TOTAL

COMMISSION

QTY

ESTIMATED TOTAL PRICE FOR OPTION YEAR 2 (CLIN 2001 - 2006): $________________

OPTION YEAR 3

CLIN 3001

TOWING - STANDARD VEHICLE

QTY

CLIN 3002

QTY

CLIN 3003

QTY

DAYS

TOTAL PRICE

(Inside with maintenance)

(Outside with maintenance)

(Outside no maintenance)

CLIN 3004

QTY

DAYS

TOTAL PRICE

CLIN 3005

QTY

TIRE REPAIRS

BATTERY REPLACEMENT

KEY REPLACEMENT

REMOVAL OF HIDDEN COMPARTMENTS

CLIN 3006

SALES PER YEAR

SALES

COMMISSION

TOTAL

COMMISSION

QTY

ESTIMATED TOTAL PRICE FOR OPTION YEAR 3 (CLIN 3001 - 3006): $________________

OPTION YEAR 4

CLIN 4001

TOWING - STANDARD VEHICLE

QTY

CLIN 4002

QTY

CLIN 4003

QTY

DAYS

TOTAL PRICE

(Inside with maintenance)

(Outside with maintenance)

(Outside no maintenance)

CLIN 4004

QTY

DAYS

TOTAL PRICE

CLIN 4005

QTY

TIRE REPAIRS

BATTERY REPLACEMENT

KEY REPLACEMENT

REMOVAL OF HIDDEN COMPARTMENTS

CLIN 4006

SALES PER YEAR

SALES

COMMISSION

TOTAL

COMMISSION

QTY

ESTIMATED TOTAL PRICE FOR OPTION YEAR 4 (CLIN 4001 - 4006): $________________

TOTAL ESTIMATED PRICE (BASE YEAR + OPTIONS 1 THRU 4): $____________________

PART 2

STATEMENT OF WORK

1) INTRODUCTION

The purpose of this requirement is to provide vehicle towing, storage, maintenance, and disposal services for the United States Marshals Service (USMS), Western District of Washington.

2) DEFINITIONS AND TERMS

a) ACCEPTABLE OUTDOOR STORAGE SURFACES: Caliche, cement, concrete, or gravel/stone.

b) “AS IS, WHERE IS”: Vehicles will be sold with no warranty or guarantee whatsoever. Vehicles are to be purchased exactly as they appear at auction. They 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 vehicle as found and must remove it from the point of sale.

c) COMPONENTS: The spare tire, jack, lug wrench, and other standard or optional vehicle equipment which are integral parts of the vehicle.

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

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

f) GRAY MARKET VEHICLES: Vehicles that do not meet U.S. Department of Transportation (DOT) and Environmental Protection Agency Standards (EPA) and can not be legally sold or registered in the United States, but are legal for export sale.

g) HIDDEN COMPARTMENTS: After-market storage locations in a vehicle that the contractor may be required to remove. Majority of removals consist of welding or destruction with a crow bar. Any repair/removal of hidden compartments requires prior Contracting Officer’s Technical Representative (COTR) written approval.

i) Standard Hidden Compartment: An example of a standard hidden compartment is removal of the passenger side air bag to use as a storage area.

ii) Complex Hidden Compartment: An example of a complex hidden compartment is fabricating an area within the vehicle that is unseen from the inside, such as a compartment located underneath the rear floor boards of the vehicle, opened by a hydraulic door. The door only opens when a combination of electrical components (i.e. defroster button on and certain radio station set) are on simultaneously.

h) KEYS: Vehicle ignition and trunk/door keys consist of a complete set.

i) Standard Key: A standard automobile key usually has grooves on both sides and has multiple uses for the automobile with which it belongs.

ii) Transponder Key: A transponder key is a high security key equipped with a computerized transponder chip. A VAT key is an early form of a transponder key.

i) LOADED ROAD MILES: The firm-fixed towing price, as specified in the schedule, is calculated based on the actual road miles (in accordance with the applicable towing Contract Line Item Numbers (CLIN) from the designated point of pick-up to the designated drop-off point in which a vehicle is in tow or loaded onto a flatbed. The contractor may not charge for miles traveled en route to the seized vehicle pickup point.

j) PERSONAL PROPERTY: Contents in a seized vehicle that are not standard accessories, such as clothing, personal items, compact discs, tapes, furniture, appliances, supplies, cargo, etc.

k) ROADSIDE TOWS: Tows from a general location, usually along the side of the road, as applicable.

l) SUB-TASK ORDER: An order placed by the COTR obligating specific line items under the contract/task order.

m) STATION TOWS: Tows from a specific fixed location such as a residence, a seizing agency facility, etc.

n) VEHICLES:

i) Standard Vehicles: Production-sized cars, trucks, vans, all-terrain vehicles (ATV’s), motorcycles, golf carts, jet skis (with or without hauling trailers), dune buggies, snowmobiles, mopeds, 20' or less trailerable boats, etc.

ii) Large Vehicles: Buses, construction/farm type vehicles, recreational vehicles, motor-homes, semi-tractor trailers, and all other trucks, trailers, 21' to 30' trailerable boats, or heavy equipment.

o) VEHICLE CATEGORIES (N.A.D.A. Loan Value):

i) Category 1:

Vehicles valued at $10,001 and above are eligible to be stored indoors, with maintenance.

ii) Category 2:

Vehicles valued at $2,501 to $10,000 are to be stored outdoors, with maintenance.

iii) Category 3:

Vehicles valued at $501 to $2,500 are to be stored outdoors, without maintenance.

iv) Category 4:

Salvage/Scrap. Vehicles valued at $0 to $500 are to be stored outdoors, without maintenance.

3) FACILITY LOCATION, PERFORMANCE AREA & TRANSITION PERIOD

a) Contractor storage facility shall be located within 30 road miles of the USMS Western District of Washington office located at 700 Stewart Street Suite 9000 Seattle WA 98101-1271. The indoor and outdoor storage facilities shall be located within 5 miles of one another.

b) The following performance area shall be covered by this contract: The Western District of Washington comprises the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom.

c) The contractor, including the contractor’s facility, shall be fully equipped and ready to begin performance within 30 calendar days of the award date. Upon approval by the COTR, the contractor has 30 calendar days to tow all vehicles identified by the Contracting Officer’s Technical Representative (COTR) from their current location to the proposed storage facility.

4) FACILITY REQUIREMENTS

The contractor shall provide and operate a facility which fulfills the requirements set forth in this Statement of Work (SOW).

a) Indoor and Outdoor Storage Requirements

i) Indoor storage facility square footage must accommodate the number of Category 1 vehicles as listed on the Schedule B. The square footage per vehicle is determined by multiplying the number of vehicles by 117 square feet. Contractor must also demonstrate adequate square footage to accomplish various maintenance tasks as set forth in the SOW.

ii) The outdoor storage facility must be able to store the number of Category 2, 3 and 4 vehicles (standard and large) as listed on the Schedule B.

b) Physical Security Requirements

i) The contractor shall provide secure indoor and outdoor storage facilities, maintenance, viewing and sales areas for the seized/forfeited vehicles.

ii) USMS vehicles shall be segregated from all non-USMS vehicles with a barrier to restrict all unauthorized access indoor and outdoor. Acceptable barriers include cyclone fencing units. Security tape is not an acceptable barrier.

iii) The contractor shall provide a physical security plan for the indoor and outdoor storage facilities. At a minimum, it should include: alarms & intrusion sensors on all doors, vents, windows and entry points that provide immediate emergency response notification capability at all times; sufficient indoor and outdoor lighting of the indoor storage facility to deter/detect unauthorized entrance at night; and provisions that all entry points (doors and windows) will be secured at all times while building is unoccupied.

iv) The perimeter of the entire outdoor storage facility, where USMS vehicles will be stored, shall be secured with a fence at least six (6) feet tall and shall have razor wire or concertina wire attached to it. Additionally, the entire outdoor storage facility perimeter shall be illuminated with sufficient lighting during the nighttime hours to deter vandalism or other illegal activity.

v) Loss, theft, or damage to any vehicle while in the contractor's custody shall be reported immediately to the COTR. Loss/damage to the vehicle shall be replaced (with that of like or equal value) or repaired, as instructed by the COTR, within 20 days of notification. Vehicle theft and/or vandalism shall be reported to the local police department and to the COTR, and a copy of the police report shall be provided to the COTR within 24 hours of incident.

c) Staffing Requirements

i) The contractor shall be on-site, at its storage facility(s), between the hours of 8:30 AM and 5:00 PM, Monday through Friday, excluding Federal Government holidays. Contractor shall provide cellular telephone access 24 hours per day, 7 days per week, and 365 days per year.

ii) Access is restricted to the contractor or their authorized employees, the CO/COTR or his/her designee, or individuals accompanied by USMS personnel that are approved by the COTR. A list of all authorized contractor employees will be given to the COTR upon award of this contract. The contractor shall maintain a visitor log. The contractor shall deny any individual who requests access to the storage facility who has not been approved by the COTR (this includes seizing agency personnel). The contractor shall annotate the names of those individuals, and if applicable, the organizations represented, and immediately notify the COTR.

iii) Any requests for information regarding the seized vehicles shall be forwarded to the COTR.

5) TOWING

a) The COTR shall issue a sub-task order to the contractor.

b) The contractor shall not drive the seized/forfeited vehicles except to move them within the storage facility. Use of vehicles for personal use is strictly prohibited.

c) The contractor shall dispatch a tow vehicle for all roadside vehicle(s) within 2 hours of notification by the COTR, except in the following instance: If a vehicle tow is required after 5:00 PM, then the vehicle shall be towed, at the latest, at the beginning of contractor operations the following morning. The contractor shall perform all station tows within twenty-four (24) hours of notification by the COTR. Contractor will set appointment with seizing agency for all station tows.

d) The contractor will receive a description of the vehicle and its present location prior to departing its storage facility. The contractor may be directed to tow a vehicle to a location other than the contractor’s storage facility.

e) If a tow driver arrives at the vehicle pick-up point, and the vehicle is not ready to be towed (paperwork is not completed, keys not available, etc.), after a reasonable amount of time (30 minutes is reasonable), then the tow driver may depart without the vehicle. Tow company will be paid as if it had successfully completed the tow. Tow company shall immediately notify the COTR of this situation.

f) The contractor shall provide a towing ticket for each vehicle. A copy of the towing ticket shall accompany the monthly billing and a copy shall be sent to the COTR electronically within 3 days of the tow date. A second copy shall be retained in the vehicle’s case file, maintained by the contractor (case file specifics are detailed in the following section).

g) The contractor shall inspect and inventory the seized vehicle. Its condition shall be recorded on the vehicle’s tow ticket. Tow ticket shall be signed by the contractor and seizing agent. Discrepancies shall be reported immediately to the COTR.

h) In the event than a vehicle contains personal property items, the contractor shall notify the COTR immediately.

6) INITIAL INTAKE

The following applies to all vehicles regardless of the category:

a) The contractor shall assume sole responsibility, as well as legal and financial liability for the vehicle from pick-up until disposal.

b) Once the vehicle arrives at the storage facility, the contractor shall thoroughly clean and secure the vehicle in such a way as to prevent access to the vehicle, except by authorized personnel. If the contractor is unable to secure the vehicle’s window(s) or door(s), they shall notify the COTR.

c) All vehicles shall be marked with the Government's complete asset ID number (CATS ID) and the date of custody on the windshield using a suitable marking substance. The marking substance shall be removable without damaging the window’s surface.

d) The contractor shall establish/maintain a separate case file for each vehicle covered under this SOW. Each case file shall include:

i) Signed tow ticket

ii) Vehicle inspection reports

iii) Records related to vehicle condition, storage; and disposal

iv) All maintenance documentation

v) Digital photos of vehicle

e) All digital photos shall be sent to COTR via email within 3 days of receipt and are required for all vehicles. At a minimum, photos must include pictures of all four (4) sides of the vehicle, the dashboard, and a picture of the odometer, along with any extensive vehicle damage, any expensive rims, stereo equipment, etc.

f) The contractor shall examine all vehicles for safety recall status upon intake. If any vehicles are found to be subject to a major automotive recall, the contractor shall notify the COTR, in writing, with the specific automotive recall information (i.e. manufacturer code of recall, CATS ID # of applicable vehicle, etc.) within 24 hours of intake. Upon disposal of a subject vehicle, a Hold Harmless agreement shall be executed.

g) All vehicle keys shall be stored in a secure depository. All vehicles valued at over $500 NADA loan value that are received without ignition, door and/or trunk keys shall be annotated on the tow ticket. The contractor is responsible for having keys made for those vehicles only if the COTR approves a prior written request. Requests to the COTR to have replacement keys made (in accordance with the applicable key CLIN) shall reflect the case number and vehicle identification number (VIN). Keys that are not recorded on the tow ticket as missing, at the time of pick-up, will be the responsibility of the contractor to replace at its expense.

7) STORAGE

a) The contractor shall provide evidence that it has complied with all Federal laws and ordinances associated with vehicle storage. Applicable permits shall be kept current throughout the term of the contract.

b) The contractor shall provide indoor storage for at least the number of vehicles that are stated in the schedule. An indoor storage facility is defined as a fully enclosed structure with substantial/permanent walls, roof, and floor which will allow for movement of vehicles while controlling surface/environmental problems such as standing water, mud, dirt and dust.

c) The contractor shall provide outdoor storage for at least the number of vehicles that are stated in the schedule. The outdoor storage facility shall also be controlled in such a manner as to eliminate standing water and mud.

d) The vehicles shall be parked at the facility in an orderly manner so that they can be readily located and easily accessed.

e) If additional facilities are required, they must be approved in writing by the CO. If the contractor proposes a different facility during the contract term, then the contractor assumes any costs for relocating currently stored vehicles to the new facility.

f) The contractor shall not store or sell personal property under this contract.

8) MAINTENANCE

a) Monthly Maintenance: Vehicles stored under Categories 1 and 2 (see definitions) shall receive the following monthly maintenance, at a minimum:

i) Check and maintain tire pressure. If tire requires repair or re-tread, prior COTR approval is required (in accordance with the applicable CLIN).

ii) Check and maintain fluid levels.

iii) Start the vehicle. The vehicle’s engine shall run for at least 15 minutes. The vehicle shall be moved forward and rearward at least six (6) feet in each direction. If a battery is not operable, and can no longer hold a charge, prior COTR approval is required before replacing (in accordance with the applicable CLIN).

iv) All maintenance records are to be annotated in the vehicle case file.

b) Hidden Compartment Removal: Contractor shall provide the ability to remove /disassemble hidden compartments from vehicles (in accordance with the applicable CLIN).

c) Keys: If replacement keys are required for a vehicle, prior COTR approval is required (in accordance with the applicable CLIN).

9) DISPOSAL

a) The COTR shall determine the methods for disposal for all USMS vehicles. The contractor shall receive written instructions for the disposal of all vehicles. The various disposal methods include, but are not limited to, the following:

i) Disposal via auction

ii) Release to lien holder, claimant, or owner

iii) Official use by an authorized agency

iv) Sealed bid sale

v) Internet sales by a third party vendor

vi) Salvage/scrap

vii) Destruction/Crushing

b) Upon the order for disposal, the contractor shall check the tire pressure and add air, if necessary, as well as wash the exterior of all vehicles to be sold except those designated for salvage/scrap.

c) The contractor shall not charge the Government for storage lot services (i.e., jump starting vehicles, inflating tires, providing water for radiators, batteries, etc) required to prepare a vehicle for disposal.

d) Once written authority for disposal is received via the COTR, the contractor’s responsibility to finalize the release shall include, but is not limited to:

i) Verify identification of persons requesting release of a vehicle

ii) Identification/confirmation of documents authorizing release of property (documents issued by USMS)

iii) Verify that the VIN or serial number matches the VIN or serial number on the document(s). The VIN shall not be released for any other reason except for verification purposes

iv) Obtain signatures of individuals on the appropriate release documents(s)

e) Prior to the release of any vehicle identified as being subject to a major automotive recall, the contractor shall ensure that the USMS Hold Harmless Agreement is completed and signed by the original owner, lien holder, innocent third party, state/local law enforcement, Federal Agency, or purchaser.

f) The contractor shall execute the USMS Release Agreement for all vehicles sold to the public, salvage scrap dealers, dismantlers, recyclers, etc. In consideration for the purchaser signing the agreement, the purchaser will receive the sum of $1.00 (U.S. Dollar). The contractor shall provide the payment and subsequently invoice the Government. The contractor will then be reimbursed.

Disposal via auction

a) Disposal via auction is the primary method of disposal for vehicles. If the contractor believes that proceeds can be maximized by another sales method, a sales plan shall be submitted, in writing, to the COTR for acceptance. Auctions are expected to be held approximately every three months in the District. The auction process will include: advertisement, viewing day (with security and segregation measures in effect), and sale day.

i) Advertisement:

i. The contractor is required to advertise assets for sale prior to the auction.

ii. Contractor SHALL NOT DISCLOSE VIN in any advertisement.

iii. The contractor shall advertise in at least one (1) local print publication.

iv. Contractor shall advertise all sales via contractor operated Internet website.

ii) Viewing Day:

i. The contractor, prior to viewing day, shall prepare the property for sale and notify the COTR when the services are completed. (Vehicles designated as salvage/scrap shall not receive sales preparation.)

ii. Adequate security during the viewing day shall be the responsibility of the contractor.

iii. The contractor shall allow for supervised public viewing of the vehicles that are scheduled for sale prior to the auction.

iv. The contractor shall not charge an admission or entry fee to view the vehicles, for entrance to the auction/sale, or for copies of the sales list.

v. The viewing area shall be segregated from the remainder of the storage facility by a barrier to prevent unauthorized access to the non-forfeited vehicles.

vi. Vehicles offered for sale shall be unlocked for inspection.

iii) Sale Day

i. Auctions must be conducted by an auctioneer. The auctioneer must be school-trained, licensed and a Member of the National Auctioneers Association or the Certified Auctioneers Institute.

ii. Adequate security during the auction day shall be the responsibility of the contractor.

iii. If an alternate sale location is proposed by the contractor, it must be approved prior in writing by the COTR. All expenses and liability (including security requirements) associated with using an alternate sale location is the responsibility of the contractor.

iv. USMS representative will attend each auction to approve/disapprove bids either in person or via telephone.

v. Under no circumstances will public bidders be charged a "Buyers Premium", a Processing Fee, an Admission Fee, or any other charges or fees be allowed.

vi. Vehicles are sold "as-is, where is”. Additionally, the contractor shall conduct all sales in accordance with all applicable Federal, State, and Local laws, regulations, and ordinances. Contractor shall affix a “Buyer’s Guide” form to each vehicle to be sold at auction.

vii. The contractor shall post the Hold Harmless Agreement, the Release Agreement, and the USMS Vehicle Sales Terms and Conditions in a public area where it can be viewed by prospective buyers.

viii. The contractor shall collect a minimum $500 deposit from each registered bidder and is responsible for refunding the deposit, if no vehicle is purchased by the bidder. If the successful bidder fails to provide the full purchase price within the established time period, the contractor is authorized to forfeit the bid deposit. Forfeited bid deposits shall be given to the USMS.

ix. The contractor shall audio tape all auctions and shall provide the tapes to the COTR upon request. Additionally, when required to do so by the COTR, the contractor shall videotape the auction. All tapes shall be kept by the contractor for a period of one (1) year after the auction.

x. If a minimum bid is required, the COTR will notify the contractor, in writing.

xi. The contractor shall provide one (1) complete set of keys for all vehicles valued over $500, unless deemed unnecessary by the COTR.

xii. The contractor shall handle license plates in accordance with or applicable state laws and regulations. In the absence of a state law to the contrary, the license plates shall be destroyed. Certification shall be provided to the COTR on the disposition of each license plate.

xiii. The USMS reserves the right to remove any vehicle from the storage lot at any time, including up to the time the vehicle is sold. The COTR will provide the contractor with as much advanced notice as possible on vehicle removal.

xiv. The USMS will supply a Standard Form 97 (U.S. Government Certificate to Obtain Title) for each vehicle sold. The contractor is responsible for completion of the SF-97 on the day of the auction. The SF-97 shall be issued to the purchaser upon full payment of the vehicle. For salvage/scrap vehicles, a Bill of Sale will be issued (no SF-97 will be issued). The contractor will not be responsible for registering a vehicle with the Department of Motor Vehicles.

xv. The contractor shall issue a receipt to the purchaser(s) for money received, which will indicate the purchaser's name, vehicle selling price, and a description of the vehicle including the VIN and CATS ID number.

xvi. 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.

xvii. Vehicle "wrecking" (dismantling) within the confines of the Government’s vehicle sales area is not permitted.

xviii. USMS employees, the contractor, the contractor's employees, and their immediate family members, are prohibited from bidding on or buying directly or indirectly any seized/forfeited vehicles.

xix. In order to avoid a conflict of interest, or the appearance of a conflict of interest, the following classes of persons are prohibited from purchasing, either directly or indirectly, property forfeited to the United States which is to be sold under this contract or any subcontract to this contract:

1. Any United States Department of Justice (USDOJ) employee prohibited by Federal regulations (5 CFR 3801.104) from purchasing or using property forfeited to the United States, or any member of his/her immediate family / household.

2. The contractor and any of its subcontractors; their employees or members of such employees’ immediate families / households; any entity in which the contractor has any financial interest; or any agent or representative for such party.

3. Any employee of any Federal, State, or Local Governmental Agency, or members of his/her immediate family / household, that was involved in the investigation or prosecution which led to the forfeiture of property to be sold by or through the contractor.

xx. To effectuate this prohibition, as a requirement of this contractor any subcontract, the contractor and any subcontractor selling property forfeited to the United States shall include the following provision in Sale Terms and Conditions:

1. In order to make an offer to purchase property subject to this sale the offeror shall check one of the following boxes:

The offeror warrants that he/she is not: (a) an employee of the United States Department of Justice; (b) an employee of any Federal, State, or Local Governmental Agency which participated in investigations that led to the forfeiture of property to the United States subject to this sale; (c) an employee of any contractor or subcontractor whose contract or subcontract provides goods or services to the United States Department of Justice’s Asset Forfeiture Program; (d) an agent or member of the immediate family / household of any employee described in (a), (b), or (c) above.

Any offeror who is an employee of the United States Department of Justice warrants that he/she has complied with the provisions of 5 CFR 3801.104(a), and shall provide as part of his/her offer a copy of the written determination by the Agency designee required by 5 CFR 3801.104(a).

xxi. The contractor shall submit gross sales proceeds to the COTR within five (5) working days of the auction via certified check, cashier’s check, or money order only.

xxii. The contractor shall not charge the USMS any sales fees, commissions, etc., for a vehicle which is not sold.

xxiii. The contractor shall not charge the Government for storage of vehicles sold at auction commencing on the day after the auction. The USMS will cease paying storage expenses beginning on the day after the sale.

Disposal to Licensed Salvage/Scrap Dealers

a) The contractor shall dispose of Category 4 vehicles, (See definitions), or other vehicles as determined in writing by the COTR, as soon as possible, but no later than thirty (30) calendar days after notification by the COTR.

b) A Bill of Sale shall be issued by the contractor and shall contain wording that the vehicle is being sold for scrap purposes only and is not to be re-titled or re-registered as an operating motor vehicle.

c) The contractor shall be responsible for determining the applicable State for conducting salvage/scrap sales and shall prepare all applicable paperwork as required by the applicable State.

Internet Sales by a Third Party Vendor

a) Contractor may be required by COTR to facilitate sales through other sources, one of which may be Internet Sales by a third party vendor. If required, COTR may request contractor to provide Daily Sales Facilitation services to include the following: make vehicle readily available/accessible to the public; provide knowledgeable representative to answer potential buyer questions; provide these services for an 8 hour period as determined by the COTR (maximum 2 days); and provide adequate security during the viewing period.

Destruction/Crushing

a) Contractor may be required to dispose of vehicles via destruction/crushing, as directed by the COTR.

b) No SF-97 shall be issued for this disposal action.

c) This action shall be completed within thirty (30) calendar days of instruction and contractor is responsible for making crushing arrangements.

d) In consideration for crushing, contractor can retain the following non-traceable parts: batteries, tire rims, radio equipment, etc. Additionally, contractor may retain the scrap metal value of the vehicle in exchange for disposal of hazardous materials such as mechanical fluids, gasoline, gasoline tanks, tires, etc.

10) MISCELLANEOUS DISPOSAL TYPES

a) Disposal of All-Terrain Vehicles

i) The COTR will provide specific disposal instructions (pursuant to USMS policy), to the contractor for each ATV. The instructions will direct the contractor as to who specifically is eligible to bid on this asset type.

b) Disposal of Gray Market Vehicles

i) Unless otherwise directed, gray market vehicles shall be sold for export only.

ii) The contractor shall issue a Bill-of-Sale only. No SF-97 shall be issued.

c) Disposal of Government-Owned Vehicles (GOVs)

i) The Government shall have the right to dispose of USMS government-owned vehicles under this contract.

ii) The COTR shall advise the contractor of upcoming disposal actions for GOVs.

iii) GOVs will be delivered to the contractor at least 1-2 calendar days before the next projected contractor sale.

iv) The contractor shall perform the normal sales preparation on the USMS GOV’s as performed on forfeited vehicles and shall release the vehicles in the same manner.

v) The sales commission shall be computed at the same rate. However, the sales commission for USMS GOVs only shall be taken directly from the proceeds of the sale.

vi) No storage fees may be charged on USMS vehicles. Should the vehicle(s) not be sold, the USMS will remove the vehicle within two (2) working days of the auction. Should the vehicle(s) not be removed within two (2) working days, the USMS will pay storage at the contract rate commencing on the third day.

PART 3

INSTRUCTIONS TO OFFERORS

1.

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEPT 2006)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(k) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the…