PWS Vessels_20260630.pdf

U.S. Marshals Service

Asset Forfeiture Division

Personal Property Unit

Performance Work Statement for Vessels & Related Services

June 30, 2026

TABLE OF CONTENTS

1 GENERAL

1.1 Introduction

1.2 Background

1.3 Objective

1.4 Scope of Work

1.4.1 Type of Contract Contemplated

1.4.2 Period of Performance

1.4.3 Place of Performance

1.4.4 Hours of Operation

2 SPECIFIC REQUIREMENTS/TASKS

2.1 Universal Requirements

2.2 Relocation

2.3 International Movement Compliance

2.4 Storage

2.5 Facility Requirements

2.6 Maintenance/Repairs/Mechanical Inspection

2.7 Assessment

2.8 Disposal

2.8.1 Sales

2.8.2 Destruction

2.8.3 Release

2.9 Invoicing

2.10 Contract Transition

3 GOVERNMENT FURNISHED INFORMATION AND PROPERTY

3.1 Government Furnished Information

3.2 Government Furnished Property

3.2.1 Responsibility for Government-owned or -leased Property and Equipment

4 CONTRACTOR ACCESS TO SYSTEMS, DATA, AND INFORMATION

4.1 Contractor Distribution of Data and Information

5 CONTRACTOR INSURANCE REQUIREMENTS

5.1 General

5.2 Required Coverages

5.3 Certificates of Insurance

5.4 Deductibles and Self-Insurance

5.5 Insurance for Subcontractors

5.6 Notification of Changes or Claims

5.8 Inspections and Audit Rights

APPENDIX A: DELIVERABLES

Note that while, as a matter of policy, some agencies require the government to prepare the PWS, the guidance at Federal Acquisition Regulation (FAR) 37.602(a) stipulates that “a Performance work statement (PWS) may be prepared by the Government or result from a Statement of objectives (SOO) prepared by the Government where the offeror proposes the PWS.”

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2037_6.html#wp1074648

1 GENERAL

1.1 Introduction

The U.S. Marshals Service (USMS) serves to protect, defend, and enforce the American justice system and is a key component within the United States (U.S.) Department of Justice (DOJ) Asset Forfeiture Program (AFP). Asset forfeiture plays a critical role in disrupting and dismantling illegal enterprises, depriving criminals of the proceeds of illegal activity, deterring crime, and restoring property to victims. The effective use of both criminal and civil asset forfeiture is an essential component of the DOJ’s efforts to combat the most sophisticated criminal actors and organizations including terrorist financiers, cyber criminals, fraudsters, human traffickers, and transnational drug cartels.

The USMS is the primary custodian of seized assets for the DOJ AFP. Such assets include but are not limited to real estate, jewelry, art, antiques, collectibles, vehicles, vessels, aircraft, animals, cash, financial instruments, and cryptocurrency. In addition to core fiduciary responsibilities associated with the management and disposal of assets, the USMS also provides vital support to U.S. Attorney’s Offices (USAO) and investigative agencies (IA) by assisting with pre-seizure planning and financial investigations. As a world leader in asset management and disposal, the USMS also receives requests for technical assistance from countries around the world.

As the departmental custodians of all seized and forfeited assets, this contract will support the USMS in providing national and international relocation, storage, maintenance, assessment, consultation, and disposal services for Vessels and other ancillary assets seized and forfeited under the DOJ AFP. Vessel types typically covered within the scope of this effort include, but are not limited to, all types of watercrafts, of all sizes, construction, composition, configuration, condition, and source(s) of power/propulsion. This could include cargo ships, commercial workboats, dinghy’s, fishing vessels, skiffs, small watercraft, tenders, tugs and barges, and yachts. Ancillary assets may include, but are not limited to, isolated vessel parts, bulk cargos, U.S. Coast Guard (USCG) equipment, and fire-fighting equipment. The primary service area includes the U.S., the U.S. Virgin Islands, and Puerto Rico. Services, although rare, may be required in Guam and the Northern Mariana Islands. International services will also be required, to be determined on a case-by-case basis. Specific service locations will be determined at times of need with potentially limited prior notice.

1.2 Background

The USMS has been managing assets since the inception of the AFP in 1984 following the Comprehensive Crime Control Act. Prior to 2022, the USMS took custody and disposed of primarily standard vessels located nationally.

Since then, the USMS has utilized expertise and contractual resources in the relocation, management, and disposal of vessels located internationally. Today, as the anti-terrorism mission and other national/international efforts continue to grow, the USMS anticipates managing all types and varied locations of vessels and related assets without limitation.

This follow-on procurement replaces prior Contract number 15M50021DA4400052 and incorporates lessons learned to standardize processes, strengthen data oversight, and enhance national and international operational readiness.

1.3 Objective

This contract will assist the USMS with managing and disposing of vessels and related assets. These assets may be in various locations and conditions. This will require certified staff and industry standard practices employed in a manner that is professional, lawful, and consistent with DOJ and USMS policy. This contract will also streamline relocation, custody, maintenance, assessment, sale, and destruction processes for vessels and related assets located nationally and internationally, while allowing for the diversification of the type, volume, and size of assets that can be handled under the Government’s forfeiture program.

The USMS has a duty to ensure all services in the contract provide maximum value while minimizing expenses in the best interest of the Government. The USMS expects the Contractor, as its agent, to take prudent action and to act in good faith on the USMS’s behalf with the same level of care while augmenting our ongoing capacity requirements and efficiency regarding all services pertaining to the relocation, custody, management, and disposal of vessels and related assets.

The USMS expects to refine its current custodial and disposal operations through this contract in several ways.

Primarily this includes a decentralization of services, specifically related to storage of vessels managed by this contract, while ensuring thorough and accurate administrative and accounting transactions. To that end, the Contractor shall provide comprehensive inventory control, administrative management and demonstrate financial stewardship in overseeing the tracking of the Government’s vessels and related inventory. A part of said system shall include the USMS’ ability to review contract funding for the asset lifecycle: the Contractor’s initial services through disposal.

This contract must ensure global operational flexibility, including rapid establishment of subcontractor relationships and foreign-flag regulatory compliance consistent with the International Maritime Organization (IMO), USCG, and U.S. Department of Treasury’s Office of Foreign Asset Control (OFAC) requirements.

1.4 Scope of Work

The purpose of this contract is to provide the full range of relocation, custody, management, assessment, consultation, and disposal services that are in line with industry, manufacturer, USCG, and all other government standards. This includes, but is not limited, to such activities as project oversight, consultation, travel, ground transportation, relocation preparation and logistics, sourcing supplies and subcontractor services, valuation/appraisal services, title and lien searches, storage arrangements, inspections, maintenance proposals and completions, mechanical repairs and assessments, inventory and intake, executing custody and sales procedures including marketing efforts, weather preparedness, financial stewardship, case file creation, database management, accounting and invoicing, customer service, and audit compliance.

The USMS primarily receives vessels and related assets seized in all 50 states and the U.S. territories of Puerto Rico, U.S. Virgin Islands, Guam, and the Northern Mariana Islands. The USMS may also participate in providing services for vessels seized internationally.

The services performed by the Contractor should reflect the highest industry standards in all areas of operation as well as fully complying with all applicable laws and statutes. Each asset should be evaluated and assessed individually with the most economical approach considered. The Contractor shall recommend and advise on the proper storage, management, and mechanical services, as applicable, needed for the inventory throughout the duration of this contract. The Contracting Officer’s Representative (COR) will provide final approval before any action commences.

The Contractor shall perform required functions in accordance with all Federal, State, and local laws and regulations applicable to the services being provided as well as any policies as specified by the USMS.

The Contractor shall maintain rapid-response readiness to support seizure operations with as little as 48 hours’ notice for Contiguous U.S. (CONUS) seizure and up to 10 days for Outside the Continental U.S. (OCONUS) or international operations. The Contractor shall demonstrate, within its transition plan, established logistics partnerships capable of meeting this readiness standard.

Contractor shall flow down all requirements of the PWS and contract terms to any subcontractor performing service under their direction for the duration of the contract.

1.4.1 Type of Contract Contemplated

The contract with be an Indefinite Delivery, Indefinite Quantity (IDIQ) contract that includes Firm-Fixed- Price (FFP) line items. Accordingly, Task Orders will be issued on an FFP basis. This requirement is expected to result in the award of an Indefinite Delivery, Indefinite Quantity (IDIQ) contract that includes Firm-Fixed-Price line items

1.4.2 Period of Performance

The period of performance shall begin upon contract award to include a base period of 12 months and four

(4) 12-month option periods. The option periods may be exercised by the government unilaterally. This contract will also include FAR 52.217-8 Option to Extend Services for an optional up to six (6)-month extension.

1.4.3 Place of Performance

The primary place of performance includes the U.S., the U.S. Virgin Islands, and Puerto Rico. Services, although rare, may be required in Guam and the Northern Mariana Islands.

This requirement does not stipulate a primary storage facility for operational support however the Contractor can propose a location for consolidation efforts. Historical asset density demonstrates a majority of the assets are located close to the Florida area. If a storage location is proposed, the Government will not offer or guarantee any minimum storage threshold. Regardless if a primary storage location is presented, the Contractor shall also maintain continency subcontractor capacity nationwide and OCONUS to ensure operational coverage without geographic restriction. Contractor storage and maintenance facilities shall meet all applicable safety and environmental requirements and be available for inspection by the COR upon 48-hour notice.

The majority of services are anticipated to be within CONUS. OCONUS services will also be required and will be determined on a case-by-case basis. Specific service locations will be determined at times of need.

1.4.4 Hours of Operation

The Contractor shall designate a 24/7/365 primary Point of Contact (POC) and include a contact number and email address. Said POC shall always have access to personnel and shall have complete authority to manage and implement all matters related to the work outlined in this contract. The designated POC shall acknowledge COR communications within two (2) hours and initiate required actions within four (4) hours of notification to ensure 24/7 responsiveness.

2 SPECIFIC REQUIREMENTS/TASKS

2.1 Universal Requirements

At all times during the contract and in all operations involving the USMS or USMS assets, the Contractor shall comply with the following standards:

• Perform all functions in accordance with all Federal, State, local, USCG, and IMO standards, (and/or other international authority equivalent) applicable laws, regulations, policies, and established industry best practices. The Contractor shall ensure all subcontractors engaged in international logistics or hazardous material handling are screened through applicable regulatory agencies either at a Federal or State level; and upon request proof of vetting shall be made available to the COR.

• Obtain COR final approval, in writing, before taking action with any assets. All services performed or expenses incurred without prior written authorization by the COR will not be paid to the Contractor.

• For any expected expense of $2,500 or greater; provide a minimum of three (3) estimates from competing sources for COR consideration.

• Maintain adequate, skilled, and fully certified and trained staff to perform all contract functions, including administrative duties, continuously during the life of the contract.

• A current roster of qualified personnel and certifications shall be submitted to the COR annually and upon request; additionally for each relocation, certifications shall be submitted in advance of the effort commencing.

• At all times maintain insurance coverage commensurate with the type and value of all assets and the services being performed. Contractor is solely responsible for any and all insurance coverage from time of initial relocation or custody through disposal.

• Maintain adequate security to physically protect the assets, ensure no damage or deterioration to the assets, reduce risk to both staff and the public, and minimize access to assets.

• Execute all required documentation within USMS specified deadlines.

• Provide copies of any documentation or reports to the COR promptly on demand.

• Maintain all records for the duration of the contract plus five (5) subsequent years and provide electronically to the COR (or a COR representative) said records or portions thereof immediately upon request.

• Ensure all systems, networks, and data storage utilized in the performance of the contract comply with all DOJ and USMS IT security requirements and standards. This includes compliance with DOJ-05 Security of Department Information and Systems (APR 2026)

• All systems shall comply with FAR 52.204-21 and DOJ-05 (APR 2026) security requirements.

The Contractor shall provide a web-based asset management system or portal, accessible by the COR, that provides real time tracking and reporting, to include status of assets and services pending and/or in the planning stages. At minimum, the system should provide access to all documentation and records relating to all services provided by the Contractor. The system should also include expenses incurred to date and contract budget tracking, on a per asset basis as well as in aggregate. Any system proposed for use by the Contractor shall meet all USMS and DOJ security requirements and is subject to approval by the Contracting Officer (CO).

A SUB-TASK ORDER (STO) must be issued by the COR prior to the Contractor commencing any non-emergency tasks.

• STO: A written authorization from the COR to commence tasks presently ordered by the CO; a STO may also be used by the COR to notify the Contractor of other non-payment related tasks, (such as to inform the Contractor of an authorized visitor, etc.).

• In the event of an emergency, Contractor shall take all reasonable steps to preserve personnel safety and all assets in custody. As soon as practical after an emergency event, Contractor must contact COR for further guidance.

• The Contractor shall only bill for services requested via STO.

STOs will be issued prior to any seizure and will authorize all services expected for the entire period when a vessel is in custody. The Contractor shall inform the COR of any special circumstances or needs that arise during the custody period and receive a STO from the COR before proceeding with any services. The STO for any on-site seizure services will indicate date(s) of seizure, estimated number of vessels, number of locations, the city(s)/state(s) they are located in, and any technical instructions specific to each seizure.

Due to confidentiality concerns, information regarding the specific locations of vessels will be provided near to the planned seizure date, but no later than the day of seizure. All information will be shared with the Contractor by the USMS as soon as practical.

2.2 Relocation

The Contractor shall conduct all relocations in full compliance with all Federal, state, local, USCG and IMO (and/or international authority equivalent) applicable laws, regulations, policies, and established industry best practices. A written relocation plan shall be submitted to the COR for approval within three (3) business days of STO issuance, unless otherwise directed by the COR. If an extension is required, it must be requested in writing by the Contractor and approved in advance by the COR. All relocations must be executed to limit risk to people, assets, and to minimize expenses. The COR shall be made fully aware of all actions prior to execution and full documentation/reporting of all aspects of the operation shall be made available immediately upon request.

Prior to each relocation, the Contractor shall provide the COR with a comprehensive written relocation plan with proposed option(s), recommended course, and deciding factors. Estimated costs shall be itemized in detail. Prior to any relocation, the Contractor shall provide proof of compliance for all applicable licensing and permitting regulations for proposed captain(s)/crew and shall receive explicit written approval from the COR before proceeding. Relocation plan parameters and deadlines, if there are any, shall be provided by the COR on a case-by-case basis and may require quick turnaround. The Contractor shall accept custody and bear sole and complete liability for any damages, to the asset, personnel, 3rd parties, and/or other property that may occur during a relocation.

Each approved relocation shall be completed within five (5) business days of COR approval unless otherwise directed. Any loss, damage, or incident must be reported immediately to the COR and no later than 24 hours of incident.

For purposes of relocation, all Vessels shall be divided into three (3) categories.

1. Pleasure Craft – A vessel primarily designed for the enjoyment of an individual private owner. This would include racing vessels, most wind-powered vessels, and yachts.

2. Cargo Craft – A vessel primarily designed for the transportation of goods and commodities. This would include any tanker vessel or large-scale vessel to accommodate standard shipping containers.

3. Industrial/Commercial Craft – A vessel designed for or carrying significant modifications intended for a specific utilitarian function. This would include commercial fishing vessels, scientific or marine survey vessels, tugboats, and military vessels.

2.3 International Movement Compliance

If a vessel or component is to be transported outside U.S. territory, the Contractor shall comply with all applicable export, customs, and maritime-shipping regulations.

a. The Contractor shall ensure compliance with:

• U.S. Customs and Border Protection (CBP) requirements; and

• OFAC advisories related to maritime shipping.

• Any other regulatory agency as identified by the Contractor or COR at any point during the movement period.

b. The Contractor shall not commence with any action related to an internationally located asset without written authorization from the COR and CO.

2.4 Storage

The Contractor shall provide the COR with a written storage plan with proposed option(s) based upon USMS’ inventory, the condition, needs, and nature of the asset, current asset location, and any other relevant factors.

Condition inspections, including photographic documentation, shall be conducted at least every 30 days, and monthly inventory reports shall be uploaded to the web-based asset system by the 5th business day of each month.

The proposed storage plan must include a detailed itemized cost estimate. Prior to any relocation, the Contractor shall receive written approval from the COR before proceeding. Storage needs and deadlines, if any, shall be provided by the COR on a case-by-case basis and may require quick turnaround. The Contractor shall accept custody of vessels inventory and bear sole, and complete liability for any damages to the asset, personnel, 3rd parties, and/or other property that may occur while in storage.

As this is an IDIQ contract, the Contractor shall provide CO approved storage space to include the entire inventory of the USMS as said inventory expands or declines over the course of this contract and any extensions.

All storage arrangements shall include provisions for COR and/or designee to conduct periodic inspections at their sole discretion.

The Contractor shall develop and maintain an Emergency Continuity Plan (ECP) identifying alternate storage locations greater than or equal to 50 miles from the impacted areas that are prone to hurricanes, flooding, or other natural disaster scenarios. The plan must ensure uninterrupted custody of all assets under disaster scenarios. This plan will only be enacted with STO direction unless under immediate threat and duress to the asset. The Contractor shall submit an ECP within 30 days of contract award and the Contractor shall update the ECP annually.

The Contractor shall be responsible for ensuring the security and safety of all assets in inventory regardless of centralized or dispersed storage location. All assets shall be stored in such a way as to preserve the condition and value of the asset as it was at time of seizure. Assets are not to be used in any way except as necessary for maintenance and any ordered relocation. Under no circumstances may the Contractor or any subcontractors put assets to personal use. Upon receipt of an asset, the Contractor shall conduct a thorough analysis and develop a management plan for long-term storage, recurring maintenance, and all measures necessary to preserve the asset from environmental degradation, including itemized cost estimates for all such efforts. All management plans shall be issued within 24 hours after receipt of an asset; and, explicitly approved in writing by the COR prior to the incurring of any expenses.

In the event of an emergency (including, but not limited to, fire, flood, tornado, earthquake or hurricane), the Contractor shall take all reasonable measures to immediately secure all assets and prevent damage. As soon as practical after the emergency, the Contractor shall inform the COR of the event, any impact on any asset in custody, and provide a comprehensive plan to repair and/or mitigate any damages. The COR shall have sole and final discretion in determining whether an incident qualifies as an actual emergency after conclusion of the event. The Contractor shall notify the COR immediately of any loss, damage, or environmental event affecting Government assets and no later than 24 hours of occurrence.

In the event of any loss (i.e. fire or sinking), damage, theft, or vandalism to any asset while in the Contractor’s custody, the Contractor shall report the incident to the relevant local legal authority immediately, inform the COR no later than 24 hours of occurrence, and provide the COR a copy of the police report as soon as available. The Contractor shall also provide a recommendation to replace/repair any damages to make the government whole; any associated costs will be the sole responsibility of the Contractor. In the event of total loss of an asset, the Contractor will provide payment equal to the full appraised value of the asset.

At all times, the Contractor shall maintain complete and accurate records of all assets in their care. Specifically, evidence of compliance with all applicable laws and regulations, photographic and written documentation of the condition of each asset at time of initial intake and periodically while in storage, and records of all maintenance/repairs performed.

2.5 Facility Requirements

The Contractor shall provide and operate facilities which fulfill the requirements set forth in this PWS.

a. Indoor and Outdoor Storage Requirements for the Facility

1. Storage facility must accommodate the number of dry docked and wet docked vessels listed on the pricing schedule.

2. The Contractor must have signed Memorandums of Understanding (MOU) or Leasing Agreements, which will be used to secure the indoor and outdoor storage facilities.

3. Storage rate shall be all inclusive of expenses—to include insurance and overhead expenses.

b. Physical Security Requirements for the Facility

1. The Contractor shall provide secure indoor and outdoor storage facilities, maintenance, viewing and sales areas for all USMS assets.

2. USMS vessels shall be segregated from all non-USMS vessels with a barrier to restrict all unauthorized access indoor and outdoor. Upon contract award, the Contractor shall provide an onsite review of all facilities with the COR to demonstrate security requirements including segregation measures. Wet docked vessels shall be segregated in an area specifically for USMS vessels. If necessary, a USMS vessel may be located in a non-segregated area of the facility, but only with prior COR approval.

3. Indoor and outdoor facilities must have video surveillance. Video must be kept for at least 30 days.

4. Indoor facility must have motion sensors and all entry points to indoor facility must have alarm contacts.

5. Indoor facility must limit both physical and visible access to assets stored and maintained to approved persons.

6. The Contractor shall provide a detailed physical security plan within 15 days of contract award and updated annually that shall include at a minimum:

i. Facility Location – state the address of all locations to be utilized under this contract

ii. Facility Requirement – total amount of square footage required for indoor and outdoor facility and how much storage area vendor has available

iii. Physical Security Requirement – describe area where vessels will be stored, alarm system, video surveillance system, emergency response notification, access points, indoor and outdoor lighting

iv. Photos – provide photos of the indoor and outdoor facility

v. Schematic – provide a sketch of the facility and where items are located (parking; indoor and outdoor storage; and layout of vessels, doors, security cameras, lighting, fencing, etc.)

vi. Preview and Auction Day – facility, resources, standard operating procedures

7. If there is an alternate storage location, the Contractor shall provide USMS with a physical security plan within 10 business days of receipt of STO for COR review and approval.

8. USMS COR will perform monthly and unannounced inspections of facility, assets, case files and processes.

9. Loss, theft, or damage to any vessel while in the Contractor's custody shall be reported to the COR within 24 hours of discovery. In the case of loss to the vessel, the Contractor shall replace the vessel with that of like or equal value or, in the case of damage, repair any damage to the vessel, as instructed by the COR, within 20 days of notification. The Contractor or subcontractor shall report vessel theft and/or vandalism to the local police department of discovery of the incident, and a copy of the police report shall be provided to the COR within 24 hours of the Contractor or subcontractor receiving the report.

10. The perimeter of the entire outdoor storage dry dock facility shall be secured by a physical barrier (e.g.

chain link fence with barbed wire and/or concertina wire attached fence gate(s)) and is to be locked at all times except when vessels are being moved in or out and/or when conducting public viewing and public auctions, any deviation of this requirement must be pre-approved by the COR at time of award and physical inspection. The wet dock area shall be secured with gated entry access, well-lit parking lot, video surveillance and other security deterrents to deter any unauthorized water access. Any deviation from these requirements shall require COR pre-approval.

11. The facility shall have at least one (1) locking gate wide enough to allow the passage of a semi tractor-trailer with wide load capability transporting a vessel into the storage facility, with gates minimum of 20 feet across.

c. Staffing and Access Requirements

1. The Contractor shall be available within one (1) hour notice, at its storage facility(s), between the hours of 8:30 AM and 5:00 PM local time, Monday through Friday, excluding Federal Government holidays. Any request for deviation of these standard hours must be approved in advance by the COR. The Contractor shall provide a point of contact for 24 hours per day, 7 days per week, 365 days per year access.

2. The Contractor shall have personnel and files located at the facility.

3. The Contractor shall be available upon request from the COR for any outside visit (for example, audit reviews, inspections and/or by any other outside entity with COR pre-approval).

4. The Contractor may be requested to travel for relocation or other related duties on the contract.

5. The Contractor shall be available in person at any and all locations domestically (to include USMS HQ) within 48 hours of notice. If Contractor presence is required at an international location, the COR shall determine reasonable availability with the Contractor but should need no more than 14 days’ notice.

6. The Contractor shall provide COR with all personnel names, identification and licenses (navigation operators) relocating seized and forfeited vessels. All proposed navigation operators shall possess the required licenses and shall provide photocopies prior to relocation to the COR. It is the responsibility of the Contractor to ensure all licenses and permits are kept current for all authorized personnel for the life of the contract.

7. Access is restricted to the Contractor or their authorized employees, the CO/COR or his/her designee, or individuals accompanied by USMS personnel that are approved by the CO/COR. The Contractor will give the COR a list of all authorized contractor employees, upon award of this contract.

8. 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 COR (this includes seizing agency personnel). The contractor shall annotate the names of those individuals, and if applicable, the organizations represented, and immediately notify the COR.

9. Any requests for information regarding seized vessels shall be forwarded to the COR immediately.

d. The Contractor shall assume sole responsibility, as well as financial liability for all assets under their control at all times and at locations that have been authorized by the COR with a custodial agreement signed by the sub-custodian and the Contractor.

e. The Contractor must maintain insurance on all vessels in its physical or constructive custody. Said insurance shall be immediately effective for each vessel upon the taking of custody, as represented by an STO. Said insurance policy shall name the “U.S. Marshals Service” as an additional insured through the duration of the contract, all applicable insurance policies and proof of insurance shall be provided to the USMS every six (6) or 12 months. It is the Contractor’s responsibility to maintain all insurance related to storage and transportation of all assets to be stored by USMS. The Contractor should have the ability to increase insurance coverage based on Contractor’s inventory being stored. If a vessel is deemed uninsurable, the Contractor shall notify the COR immediately. Post award, it is the responsibility of the COR to provide the value of inventory at the beginning of each fiscal quarter to the Contractor. If a discrepancy is identified for lack of sufficient insurance coverage, the government will issue and follow guidance of a cure notice.

2.6 Maintenance/Repairs/Mechanical Inspection

The Contractor shall conduct a thorough mechanical evaluation of all assets prior to any relocation, immediately upon receipt for storage, periodically while the asset remains in storage, and whenever requested by the COR. All vessels shall be inspected at least once every 90 calendar days, or immediately following any severe weather event, for hull integrity, electrical safety, and environmental compliance. Inspections results shall be uploaded to the Contractor’s Asset Management System within 48 hours of completion. Upon completion of any mechanical evaluation, the Contractor shall provide the COR with a comprehensive report of the physical condition of the asset, any damage or malfunction detected, and recommendations for any maintenance or repairs that may be needed; to include itemized cost estimates for any such maintenance or repairs. The COR shall approve all mechanical services, in writing prior to the start of any work. This includes any proposed services to maintain or extend an existing warranty or warranties if deemed necessary by the USMS. The Contractor shall conduct all maintenance/repairs in full compliance with all applicable local, state, and federal laws, regulations, and industry best practices; as efficiently as possible in terms of both time and expenses; and transparently, with full documentation of all work performed.

The Contractor shall accommodate and assist with a full facility and complete asset inspection by USMS representative(s) at least every 30 days, including scheduled and unannounced inspections.

2.7 Assessment

For each asset, upon initial arrival at the approved storage location, Contractor shall conduct a complete physical assessment of the asset, to include comprehensive photography of the overall condition of the asset and any damage or degradation present at time of intake. The Contractor shall provide a written summary of this intake assessment and copies of all photographs within five (5) business days of asset arrival at the storage location.

When requested by the COR, the Contractor shall conduct research into an asset. This may include assets not yet taken into custody, where physical inspection of the asset may or may not be possible. All assessments shall be completed and submitted within 10 business days of COR request. Each report shall include asset ID, appraisal summary, ownership/lien results, and recommended disposition. Such requests may include, but are not limited, to professional appraisals of asset value, determining all ownership interests, classifications, society memberships, or liens applicable to an asset, and/or determining any official registrations or restrictions (either in the U.S. or with other countries) that may apply to an asset. If in the Contractor’s opinion there is additional relevant information that is of interest, that may be included in any assessment. Any such assessment shall be summarized and documented in a comprehensive and professionally written report to the COR. All expenses for any such research shall be pre-approved in writing by the COR.

The Contractor may need to provide or obtain other expert services (e.g. expert witness court testimony, third party consultation, additional documentation, etc.), on a case-by-case basis. Such requests for services may vary. All expenses for any expert services shall be pre-approved in writing by the COR. The COR shall have sole and final discretion in determining whether the consultation qualifies as a separate, billable service.

The Contractor shall maintain all certifications and ensure appraisers are licensed under the relevant state or international jurisdiction.

2.8 Disposal

The Contractor shall propose methods for disposal for USMS assets in their custody when requested by COR. All approved disposal actions shall be initiated within 15 business days of COR authorization and completed within the time frame specified on the STO, with supporting documentation (sales receipts or destruction certificates) submitted within five (5) business days post-completion. The COR shall review each proposal and approve or modify in writing. The various disposal methods generally include, but are not limited to, sales, destruction, and release.

2.8.1 Sales

Any disposal process that generates income will be considered a sale.

When instructed by the COR, the Contractor shall provide the COR with a comprehensive sales and marketing plan in writing with proposed sales method and platform option(s), marketing details, recommended course, and deciding factors. The Contractor shall receive written approval from the COR before proceeding with any marketing and sales activity. If any issue(s) arise after approval of a sales plan, the Contractor shall inform the COR immediately and propose recommendations for resolution.

Assets shall be sold “As Is, Where Is” with no warranty or guarantee made to the buyer. All sales shall be made open to the public, barring only those individuals that are associated with the defendant from which the asset was initially seized, employees (direct and subcontractors) of the Contractor, employees of the USMS (including Contractor staff), any individual who would have non-public knowledge of the asset, and any immediate family members of prohibited individuals. The Contractor shall conduct all sales in full compliance with all applicable laws and regulations. The Contractor shall be responsible for resolving any title issues, liens, documentation signatures and transfers, correspondence with registry authorities, and any other matters that may be necessary to ensure complete transfer of ownership to the buyer. If any issues are discovered impacting sale, the Contractor is responsible for full resolution. The Contractor shall conduct all sales to maximize value received for the asset by USMS and minimize expenses incurred. The Contractor shall make all arrangements necessary for any potential buyer to inspect the asset prior to purchase.

All expenses for any sales services shall be pre-approved in writing by the COR. The COR shall have sole and final discretion in determining whether the service qualifies as a separate, billable service.

All offers including highest and best offers shall be approved in writing by the COR prior to finalization of any sale.

The Contractor shall submit all sales documents to the COR within five (5) business days from completion of the sale. The Contractor shall remit gross sales proceeds to the USMS via pay.gov or Electronic Funds Transfer (EFT) within five (5) business days of receipt from the buyer. Any deviation from this timeline requires COR approval in writing.

At the sole discretion of the COR and only when specifically directed to do so in writing, the Contractor may deduct sales fees/commission (in accordance with the Pricing Schedule) from sales proceeds and submit the remaining balance to the USMS.

2.8.2 Destruction

When instructed by the COR, the Contractor shall provide a comprehensive destruction plan in writing with proposed option(s), recommended course, deciding factors, and estimated costs in itemized detail. Upon explicit written approval of the plan by the COR, the Contractor shall arrange for destruction of an asset and the appropriate disposal of any remnants.

Any such destruction shall be carried out in full compliance with all applicable laws, regulations, environmental standards, and industry best practices. The Contractor shall be solely responsible for the safety of all personnel involved and for ensuring that any hazardous material is handled/disposed appropriately. The Contractor shall maintain comprehensive records of any demolition, including photographic evidence of the asset before, during, and upon completion of the operation, as well as evidence of responsible final disposal of all debris in accordance with all applicable regulations. The Contractor shall submit all records of destruction, to include proof of compliance with environmental and other applicable regulations, to the COR within five (5) business days following completion of the destruction. Any expenses related to destruction of an asset shall be approved by the COR in writing prior to the start of any work.

2.8.3 Release

Any transfer, other than via sale, of an asset to an authorized party will be considered a release. When instructed to do so by the COR, the Contractor shall coordinate the transfer with the indicated recipient and provide all logistical arrangements to achieve release of the asset in a timely and efficient manner. Specific parameters and timeframes, if any, such as in the event of a court order shall be provided by the COR on a case-by-case basis and may require quick turnaround.

The Contractor shall be responsible for verifying and obtaining a copy of the recipient’s identification prior to transfer as well as executing any necessary documentation, including transfer of insurance coverage, as required. The Contractor shall be solely responsible for the safety of the asset, the public, and all parties involved. The Contractor shall submit all records to the COR within five (5) business days following completion of the release.

If any issue(s) arise surrounding the release, the Contractor shall inform the COR immediately and propose recommendations for resolution. All corrective measures and expenses, if any, shall be approved in writing by the COR prior to any action. The Contractor shall be responsible for full resolution of all issues.

2.9 Invoicing

The Contractor shall submit one (1) monthly invoice electronically to the COR by no later than the 10th calendar day of the following month. All invoices shall be received between the hours of 9:00 AM and 2:00 PM EST, Monday through Friday, excluding Federal Government holidays. The invoices shall include all necessary support documentation (e.g. expense receipts, third party invoices, activity logs, etc.). Any documentation not in U.S. dollars shall be accompanied by additional documentation detailing the date and source of the currency exchange rate used.

Any documentation in a foreign language shall be accompanied by an English translation.

Any invoice submitted that is inaccurate, lacks adequate and complete supporting documentation, or otherwise does not meet these requirements will be rejected by the COR and require resubmission. Acceptability of any invoice/documentation is at sole discretion of the COR.

Invoices must comply with FAR 32.905(b) and include a Task Order Service Summary correlating billed line items to PWS task numbers. A performance log must be attached showing all deliverables completed during the billing cycle. The COR will reject any invoice lacking traceable deliverables.

The Contractor shall include up to one (1) revision or update to any required plan, report, or deliverable in the fixed price of the corresponding CLIN or task order. Any additional revisions or re-submissions requested due to Government oversight, omitted reviews, or scope changes beyond the original requirement shall be negotiated separately and executed only through a written CO modification in accordance with FAR 43.102. The Contractor shall not perform or invoice for any additional revisions without such written authorization.

2.10 Contract Transition

The Contractor, including the Contractor’s facility(s), shall be fully equipped and ready to begin performance within 30 calendar days of the receipt of contract award. Upon contract award, the Contractor shall provide the COR with a comprehensive Phase-In plan in writing with proposed option(s), recommended course and deciding factors;

estimated costs in itemized detail for the relocation from incumbent vendors facility(s), new storage arrangements, and any required ongoing maintenance for all assets currently in inventory. All Phase-In actions shall be pre-approved by the COR before execution and/or the incurring of any expenses.

Upon contract termination, the Contractor shall provide full cooperation, access, and assistance for transition of all assets and records, as needed. There shall be a 30-day transition period, unless otherwise specified by the COR, to complete the Phase-Out transition. Digital copies of all records shall be transferred to the COR at the completion of the contract. Final payment will be held, at zero (0) interest, until the COR certifies that all assigned work is complete.

3 GOVERNMENT FURNISHED INFORMATION AND PROPERTY

3.1 Government Furnished Information

The Government will furnish all relevant program information, OMB guidance, and Department Orders, Policies and Procedures necessary to reference for the performance of the tasks. The USMS AFD will provide equipment and resources in support of this requirement.

3.2 Government Furnished Property

The Government shall provide the Contractor personnel with laptops, phones, and RSA tokens (if necessary).

Pursuant to FAR Clause 52.245-1 Government Property, the Contractor is responsible for replacement of damaged or lost Government Furnished Property.

3.2.1 Responsibility for Government-owned or -leased Property and Equipment

During the contract performance, the Contractor shall be responsible for all negligent acts or omissions of its employees or agents or the employees or agents of its subcontractor(s). In this regard, the Contractor shall, at no cost to the Government and at the Government's option, replace or compensate the Government for any damage to or loss of Government-owned or leased property caused by such negligent acts or omissions.

4 CONTRACTOR ACCESS TO SYSTEMS, DATA, AND INFORMATION

No Contractor access to USMS systems, services, and privileged information is required under this PWS. If Contractor employees do receive access to such systems, services, and/or information, they shall safeguard that information against unauthorized disclosure or dissemination in accordance with pertinent laws and regulations governing the confidentiality of privileged information and safeguarding Controlled Unclassified Information (CUI) or For Official Use Only (FOUO) Information.

4.1 Contractor Distribution of Data and Information

All data generated under the performance of this contract shall be considered the property of the U.S. Government and is protected by unauthorized release and disclosure.

The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO and/or the COR.

The Contractor shall not provide any information regarding operations or assets to any third party (e.g.: media outlets, attorneys, industry personnel, other government agencies, etc.). Any requests for information shall be forwarded to the COR immediately upon receipt. The Contractor shall be fined $100,000 per violation, and on the third violation the contract may be terminated.

Unauthorized disclosure of USMS records and technical system breaches shall be reported in accordance with A DOJ-05 Security of Department Information and Systems (OCT 2023) and USMS security incident reporting procedures and timeframes. The Contractor is responsible for maintaining appropriate access and systems technical controls to ensure protection and compliance.

All Government data shall be transferred only via DOJ-approved secure channels. The Contractor shall retain records electronically for five (5) years following contract completion and shall not disclose any Government information without written COR authorization.

5 CONTRACTOR INSURANCE REQUIREMENTS

5.1 General

The Contractor shall maintain insurance coverage in amounts sufficient to protect both the Contractor and the Government from all claims or losses that may arise out of or result from the performance of this contract.

All insurance policies shall remain in effect throughout the entire period of performance, including all option periods and any extensions. Proof of insurance shall be submitted to the CO and the COR within 10 calendar days after contract award and updated annually or upon any policy change.

5.2 Required Coverages

The Contractor shall maintain, at a minimum, the following types of insurance:

Type of Coverage Minimum Limit Purpose / What It Covers

Commercial General Liability

(CGL)

$2,000,000 per occurrence / $4,000,000 aggregate

Covers bodily injury, property damage, or personal injury to third parties caused by the Contractor’s operations.

Automobile Liability

$1,000,000 per occurrence

Covers owned, non-owned, and hired vehicles used in performance of this contract.

Marine Hull & Machinery Insurance

Replacement value of each vessel in custody

Covers physical loss or damage to vessels while under the Contractor’s care, custody, or control, whether afloat, stored, or under tow.

Protection & Indemnity (P&I) / Maritime Liability

$2,000,000 minimum Covers crew, third-party injury, collision, or damage arising from marine operations.

Pollution Liability (Marine Environmental Insurance)

$1,000,000 per occurrence

Covers cleanup, containment, and third-party damage resulting from fuel or oil spills. Must include coverage for costs under the Oil Pollution Act of 1990 (OPA 90).

Workers’ Compensation and Employer’s Liability

As required by state and federal law Covers injuries to Contractor employees.

Property / Fire Insurance

Value of facilities and stored assets

Protects against fire, theft, vandalism, and natural disasters at storage sites.

5.3 Certificates of Insurance

The Contractor shall provide certificates of insurance listing the Unites States of America (U.S.A), USMS as an…