Solicitation 10.9.09.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 DISTRICT VERMONT

SOLICITATION # DJMS-10-Q-0008

TABLE OF CONTENTS

REQUEST FOR QUOTATIONS

For

VEHICLE TOWING, STORAGE, MAINTENANCE, AND DISPOSAL SERVICES

IN SUPPORT OF THE

UNITED STATES MARSHALS SERVICE

DISTRICT OF VERMONT

ASSET FORFEITURE DIVISION

QUOTATIONS ARE DUE NO LATER THAN 4:00 PM EASTERN TIME ON WEDNESDAY, FEBRUARY 10, 2010.

NOTE: Quotes may be e-mailed to Shannon.Dinkelman@usdoj.gov or mailed/delivered to the following address.

MAILING ADDRESS

SHANNON DINKELMAN

UNITED STATES MARSHALS SERVICE

ASSET FORFEITURE DIVISION

CM-4, 10TH FLOOR

2604 JEFFERSON DAVIS HIGHWAY

ALEXANDRIA, VA 22301

FOR INQUIRES ON THIS SOLICITATION PLEASE CALL (202) 307-4962 OR E-MAIL SHANNON.DINKELMAN@USDOJ.GOV.

Dear Prospective Offeror:

We appreciate your interest in this procurement for Vehicle Towing, Storage, Maintenance, and Disposal Services for the District of Vermont (D/VT). Attached is Standard Form 1449 (Solicitation/Contract/Order for Commercial Items), along with Attachments #1 through #6. 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 #2).

5) Price Quote (Part 1).

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, Wednesday, January 27, 2010.

The United States Marshals Service (USMS) and the District of Vermont are looking forward to working with your company in the future.

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

Asset Forfeiture Division

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 #2)

(See Price Quote Instructions)

Price Schedule (Part 1) – (Attachment #1)

Proposed Storage Facility – Memorandum of Understanding and address of 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, 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: 05-2537 (Rev. 10).

5.

PERIOD OF PERFORMANCE

The contract term commences on the date of award and continues for 12 calendar months from the date of award. There are four one-year options that can be exercised by the government unilaterally.

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 4 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 (Attachment #1) must be submitted to address the Price evaluation factor.

9.

CURRENT CONTRACTOR AND LOCATION OF VEHICLES

Thomas Hirchak Company 1878 Cadys Falls Road Morrisville, VT 05661 10.

PRICING SCHEDULE

See Attachment #1

11.

SET ASIDE

This acquisition is set aside 100% for Small Business. The NAICS code is 493190 with a size standard of $21.5 million.

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), District of Vermont.

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) FULL DETAIL: Prepare the asset to enhance the appearance before sale. Services to include: hand wash; remove bugs and tar; dry with Chamois; clean door jams, tires, rims, and wheels; shine tires; vacuum interior and trunk; shampoo/steam clean (including carpets, floor mats, and all other cloth surfaces); carpet spot removal; headliner cleaned; clean and condition leather seats; clean windows, mirrors, and ashtray; clean interior plastic/vinyl (including dash, center console, all dials/gauges, cup holders, vents, and door panels; hand wax; chrome polish rims, trim, grill, and all tail pipes.

g) 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.

h) HIDDEN COMPARTMENTS: After-market storage locations in a vehicle that the contractor may be required to remove, repair and/or disassemble.

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

ii) Complex Hidden Compartment: example: 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.

i) INDOOR STORAGE FACILITY: 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.

j) KEYS: Upon receipt of the Key Replacement STO, the contractor will provide a quote. The COTR will approve. This is a cost reimbursement line item.

k) 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.

l) MECHANICAL REPAIRS: Once a repair is identified, the contractor will notify the COTR. COTR will advise the contractor to obtain three (3) quotes if repair is estimated to be over $2,500. Once approved, the COTR will submit an STO requesting the repair be completed at the quoted price. This is a cost reimbursement line item.

m) 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.

n) ROADSIDE TOWS: Tows from a general location.

o) SUB-TASK ORDER (STO): An order placed by the COTR obligating specific line items under the contract.

p) STATION TOWS: Tows from a specific fixed location.

q) 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.

r) 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.

s) WINTERIZATION: Prepare the asset to endure cold weather months. Services to include but not limited to the following: drain fresh water tank and hot water heater; fill plumbing lines with non-toxic (propylene glycol) antifreeze; pour non-toxic (propylene glycol) antifreeze down the drains and toilets; replace existing antifreeze/fluid from the engine block, manifolds, air conditioning units, water unit, waste, etc. and replace with new non-toxic (propylene glycol) antifreeze; utilize a water separator to eliminate moisture in the fuel tank; and turn off all fuel valves.

3) FACILITY LOCATION, PERFORMANCE AREA & TRANSITION PERIOD

a) Contractor storage facility shall be located within 40 road miles of the USMS, District of Vermont office located at 11 Elmwood Avenue, Burlington, Vermont, 05401. The indoor and outdoor storage facilities shall be located within 10 miles of one another.

b) The following performance area shall be covered by this contract:

i) District of Vermont – All counties.

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 10 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 space to accomplish various maintenance tasks as set forth by the SOW.

ii) The outdoor storage facility must be able to store the number of Category 2, 3 and 4 vehicles (standard and large) 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 all USMS assets.

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 detailed physical security plan describing alarm system, emergency response notification, access points, indoor and outdoor lighting.

iv) The perimeter of the entire outdoor storage facility shall be secured with a fence wall at least six (6) feet tall and shall have razor wire or concertina wire attached. Contractor may propose other methods.

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 within 24 hours of incident, and a copy of the police report shall be provided to the COTR within 24 hours of receiving report.

c) Staffing and Access Requirements

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

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/CO. A list of all authorized contractor employees will be given to the COTR upon award of this contract.

iii) 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.

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

5) TOWING

a) The COTR shall notify the vendor request a tow via a STO.

b) The contractor shall pick up all roadside vehicle(s) within 8 hours of notification by the COTR.

c) The contractor shall coordinate all station tows with the provided agency POC within twenty-four (24) hours of notification by the COTR.

d) The contractor may be directed to tow a vehicle to a location other than the contractor’s storage facility.

e) If the tow truck driver notices personal property items in the vehicle, the contractor should notify the COTR immediately before completing the tow.

f) 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), then the tow driver may depart without the vehicle. Contractor will be paid as if it had successfully completed the tow. Contractor shall immediately notify the COTR.

g) The contractor shall use the USMS standardized tow ticket for each vehicle. 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.

h) 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 tow truck driver and provided agency POC.

i) 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.

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

i) Signed tow ticket

ii) Records related to vehicle condition, recall record search, storage, and disposal

iii) All maintenance documentation

iv) Digital photos of vehicle

c) Once the vehicle arrives at the storage facility, the contractor shall thoroughly clean and secure the vehicle. If the contractor is unable to secure the vehicle’s window(s) or door(s), they shall notify the COTR.

d) The contractor shall remove license plates from any Category 2, 3 or 4 vehicle and place in trunk, glove box or case file prior to being stored in outside storage area.

e) 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.

f) 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, Vehicle Identification Number (VIN) and a picture of the odometer, along with any extensive vehicle damage, any expensive rims, stereo equipment, etc.

g) 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 3 days of intake. Upon disposal of a vehicle identified as subject to a major automotive recall, specific paperwork will be required to be completed as described in the disposal section.

h) 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. 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 laws and ordinances associated with vehicle storage. Applicable permits shall be kept current throughout the term of the contract.

b) The contractor shall provide orderly and clean indoor storage and the outdoor storage facility shall be controlled in such a manner as to eliminate standing water and mud.

c) If additional facilities are required, they must be approved in advance, 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.

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

8) MAINTENANCE

a) Contractor may keep the maintenance log monthly checklist sheet in vehicle (window or glove box).

b) 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.

ii) Check and maintain fluid levels.

iii) Any vehicle stored over 3 consecutive months shall have a gasoline/fuel additive added to the fuel tank to prevent degradation.

iv) 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.

c) Weekly Maintenance: Large vehicles stored shall receive the following weekly maintenance, at a minimum:

Road Tractors

i) Check and maintain tire pressure. If tire requires repair or re-tread, prior COTR approval is required.

ii) Check and maintain fluid levels.

iii) Start the vehicle. The vehicle’s engine shall run for at least 40 minutes. The vehicle shall be moved forward and rearward at least six (6) feet in each direction.

Semi-trailers with refrigerator units

i) Check and maintain fluid levels on refrigerator unit.

ii) Start the refrigerator unit. The unit’s engine shall run for at least 40 minutes. If the battery is not operable, and can no longer hold a charger, prior COTR approval is required before replacing.

d) Hidden Compartment Removal: Contractor shall provide the ability to remove /disassemble hidden compartments from vehicles.

e) Battery Replacement: Contractor shall provide ability to replace batteries if instructed by COTR.

f) Keys: All Category 1 and 2 vehicles must have keys in order to perform monthly maintenance. If replacement keys are required for a vehicle, prior COTR approval is required.

g) Winterization: Contractor shall provide the ability to winterize asset types as requested via COTR.

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) Internet Sale by Vendor

iii) Sealed bid sale

iv) Internet sales by a third party vendor

v) Salvage/scrap

vi) Destruction/Crushing

vii) Official use by an authorized agency

viii) Release to lien holder, claimant, or owner

b) The contractor shall re-examine all vehicles for safety recall status prior to disposition and attach to appropriate disposal documentation.

c) Upon the order for disposal, the contractor shall check and/or add engine fluids, check the tire pressure and add air, if necessary, as well as wash the exterior of all vehicles to be sold (except salvage/scrap or destruction).

i) Full service detail: Contractor shall provide the ability to perform a full service detail for select assets as requested via COTR.

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

i) Verify identification of persons requesting vehicle and obtain signatures

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

Disposal via auction

a) Auctions are expected to be held approximately every 3 months.

i) Advertisement:

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

ii. Contractor SHALL NOT DISCLOSE VIN or CATS ID number 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 Period:

i. The contractor, prior to viewing day, shall prepare the property for sale.

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 sale vehicles.

iv. The contractor shall not charge any admission or entry fees, or charge for a 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) Auction Day

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

ii. 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.

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

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

v. 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.

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

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

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

ix. Vehicles are sold "as-is, where is”.

x. Contractor shall affix a “Buyer’s Guide” form to each vehicle to be sold at auction.

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

xii. The contractor shall video and audio record all auctions and shall provide recordings to the COTR upon request. All recordings shall be kept by the contractor for a period of one (1) year after the auction.

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

xiv. The USMS reserves the right to remove any vehicle from the storage lot at any time prior to sale.

xv. 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. The contractor will not be responsible for registering a vehicle with the Department of Motor Vehicles.

xvi. 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.

xvii. 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.

xviii. DOJ 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. The contractor shall submit gross sales proceeds to the COTR within five (5) working days of the auction via certified check, cashier’s check, money order or Electronic Funds Transfer (EFT).

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

xxi. 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.

iv) Disposal Documents Required: Upon disposal via auction, the contractor shall execute the following documents:

i. SF-97

ii. USMS Asset Forfeiture Division Personal Property Sales Certification

iii. Release Agreement (only if vehicle is subject to a major automotive recall): In consideration, the purchaser will receive the sum of $1.00. The contractor shall provide the payment and subsequently invoice the Government.

Internet Sales by Vendor

a) Contractor may request sale of an asset utilizing the contractor owned and operated internet site. COTR must approve the request in advance.

i) Advertisement

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

ii. Contractor SHALL NOT DISCLOSE VIN or CATS ID number in any advertisement.

ii) Viewing Period

i. The contractor, prior to viewing day, shall prepare the property for sale.

ii. 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.

iii. Vehicles offered for sale shall be unlocked for inspection

iii) Internet Sale:

i. The contractor shall post the Release Agreement, Buyer’s Guide and the USMS Vehicle Sales Terms and Conditions on the website where it can be viewed by prospective buyers.

ii. Vehicles are sold “As-Is, Where-Is.”

iii. The USMS will supply a Standard Form 97 (U.S. Certificate to obtain Title) for each vehicle sold. The contractor is responsible for completion of the SF-97 on the day of the sale. The SF-97 shall be issued to the purchaser upon full payment of the vehicle. The contractor will not be responsible for registering the vehicle with the Department of Motor Vehicles.

iv. The contractor shall not charge the Government any sales fees, commission, etc., for a vehicle which is not sold.

v. 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.

iv) Disposal Documents Required: Upon disposal via internet sales by the vendor, the contractor shall execute the following documents:

i. SF-97

ii. USMS Asset Forfeiture Division Personal Property Sales Certification

iii. Release Agreement (only if vehicle is subject to a major automotive recall): In consideration, the purchaser will receive the sum of $1.00. The contractor shall provide the payment and subsequently invoice the Government.

Sealed Bid Sale

a) Contractor may be required to conduct sealed bid sales for forfeited vehicles. Sealed bid sales will require advertising and preview as explained in auction section.

b) Disposal Documents Required: Upon disposal via sealed bid sale, the contractor shall execute the following documents:

i) SF-97

ii) USMS Asset Forfeiture Division Personal Property Sales Certification

iii) Release Agreement (only if vehicle is subject to a major automotive recall): In consideration, the purchaser will receive the sum of $1.00. The contractor shall provide the payment and subsequently invoice the Government.

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.

a) Disposal Documents Required: Upon disposal via Internet sales by a third party vendor, the contractor shall execute the following documents:

i) SF-97

ii) USMS Asset Forfeiture Division Personal Property Sales Certification

iii) Release Agreement (only if vehicle is subject to a major automotive recall): In consideration, the purchaser will receive the sum of $1.00. The contractor shall provide the payment and subsequently invoice the Government.

Disposal to Licensed Salvage/Scrap Dealers

a) The contractor shall dispose of Category 4 vehicles 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 “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 laws for conducting salvage/scrap sales and shall prepare all applicable paperwork.

d) Disposal Documents Required: Upon disposal via licensed salvage/scrap dealers, the contractor shall execute the following documents:

i) Bill of Sale

Destruction/Crushing

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

b) A letter of destruction shall be issued by the contractor for this disposal action. A copy shall be provided to the COTR.

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

e) Disposal Documents Required: Upon disposal via destruction/crushing, the contractor shall execute the following documents:

ii) Certificate of Destruction Official use by an authorized agency

a) Contractor may be instructed to release vehicle to another authorized agency as directed by the COTR.

b) Disposal Documents Required: Upon disposal via official use by an authorized agency, the contractor shall execute the following documents:

i) SF-97 (if applicable)

ii) Hold Harmless Agreement if vehicle has an automotive recall

Release to lien holder, claimant or owner

a) Contractor may be instructed to release vehicle to a third party as directed by the COTR.

b) Disposal Documents Required: Upon disposal via release to lien holder, claimant, or owner, the contractor shall execute the following documents:

i) Hold Harmless Agreement if vehicle has an automotive recall

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 ATV disposal. The instructions will direct the contractor as to who is specifically 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.

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

iii) 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.

iv) 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.

v) 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 (JUNE 2008) (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(b) 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 extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by— (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision) 2.

SUBMITTAL INSTRUCTIONS

(a) The items for Phase one (1) are due on Wednesday, February 10, 2010 by 4:00 pm EST.

(b) For Phase one (1) of this procurement, the signed and dated SF-1449, the signed and dated SF-30, [if any amendments were issued] the Past Performance and Price Volumes, the completed Representations & Certifications (Part 6), the completed Offeror Information Page, the completed Solicitation…