Attachment5-Additional_Clauses.docx

REQUEST FOR QUOTATIONS

VEHICLE TOWING, STORAGE, MAINTENANCE, AND DISPOSAL SERVICES

EASTERN DISTRICT OF ARKANSAS

SOLICITATION # DJMS-13-09-Q-001

ADDITIONAL CLAUSES

1. GOVERNMENT HOLIDAYS

2. GOVERNMENT’S RIGHT OF RECOVERY

The contractor shall be responsible for all Government property in its custody. Any incidents of damage or loss shall be reported to the COR immediately and shall be followed up in writing within one working day. The Government may receive benefits of any insurance the Contractor may carry which provides for the indemnification of any loss or destruction of, or damage to property in the custody and care of the Contractor, where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

3. CONFIDENTIAL INFORMATION

The contractor shall keep confidential information related to the seizure/forfeiture of the vehicles. The contractor shall refer requests for information, subpoenas, or dispositions to the COR.

4. DOCUMENTATION AND VEHICLE FILES

Upon request, or within thirty (30) days of notice, if the contract is terminated for any reason, the contractor shall deliver to the Contracting Officer (CO) all systems, both automated and manual, forms, manuals, files, records, procedures, documents and all other operational materials developed for performing this contract.

5. NOTICE OF PROHIBITION

The contractor will assist the USMS in complying with the provisions of the Comprehensive Crime Control Act of 1984, regarding the prohibition of sale of forfeited property to a defendant or a person acting as his agent. The contractor shall provide notice to prospective purchasers as to the prohibition.

6. OUTSIDE VENDORS

The contractor may allow outside vendors (e.g. food vendors) on auction days. The contractor may not partake in or profit from these outside vendors.

7. PROHIBITED PARTIES

The contractor, its employees, and their families and/or persons acting for and/or on behalf of the contractor are prohibited from bidding on any property offered for sale by the United States Government.

8. SECURITY SCREENING REQUIREMENTS FOR CONTRACTOR EMPLOYEES

a) All personnel employed by the contractor in support of this procurement are entrusted with vehicles which represent a significant asset to the U.S. Government. In order to protect these assets, the Government has a right to expect that contractors will employ persons of integrity and trust. To ensure that this is the case, contractors will conduct background screening of their employees prior to assignment of this contract, to determine any record of past criminal history.

ADDITIONAL CLAUSES

b) The USMS Security Programs Manager has evaluated the Public Trust Risk level for each position under the contract. The contractor’s employees will not be permitted to have unescorted access to USMS facilities, and will not be provided access to sensitive USMS information. Accordingly, the contractor’s employees pose a limited threat to the facilities and sensitive information of the Governments. While they will have access to significant USMS assets, they are determined to be at the No Risk Public Trust level. The Government will not normally conduct an independent background investigation of the contractor’s employees, but reserves the right to review the criminal history of any individual working on this contact, as deemed necessary.

c) The contractor is responsible for pre-screening all prospective employees for suitability for work on any resulting contract and for assuring that all such persons do not have a criminal history which could preclude their being entrusted with Government assets.

d) This Clause will also apply to all subcontractors employed under or in support of this contract.

9. ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT AWARD AND ADMINISTRATION

a) Contracting Officer (CO): The CO has the overall and primary responsibility for the administration of this contract. CO alone, without delegation, is authorized to take actions on behalf of the Government to: modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions involving deductions from contract payments or other consideration due to the Government, for nonperformance or unsatisfactory performance, whether or not in dispute; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.