Revised Towing and Impound PWS FY25.pdf

PERFORMANCE WORK STATEMENT (PWS)

Towing and Impound Services

General Information

1. GENERAL: This is a non-personal services contract to provide Towing and Impound Services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform towing and impound services as defined in this Performance Work Statement (PWS)except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: This contract provides a solution to the problem of abandoned vehicles at Fort Bliss TX, Biggs Army Airfield, McGregor, Oro Grande and Dona Ana Ranges, NM.

1.3 Objectives: Under this contract the Contractor will provide complete wrecker and towing services for abandoned vehicles.

1.4 Scope: Towing and Impound Services. Services include all functions, tasks and responsibilities normally performed by a towing and impound company. [The Contractor shall be responsible for providing a complete wrecker and towing service for abandoned vehicles, including storage of the vehicles towed until claimed by the vehicle owner or lien holder, or the required time of 120 days storage has elapsed as required by Texas and/or Federal statutes, whichever is most stringent. Vehicles will be auctioned no earlier than 120 day period of the owner failure to claim the vehicle. Contractor’s towing charges will be deducted and authorized against the proceeds of auction vehicles remainder shall be made available to Non-appropriated Fund Instrumentally (NAFI) – Fort Bliss. The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, Texas and NM State Law, Occupational Safety and Health Administration (OSHA) regulations, Army and installation regulations.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year 1 Nov 2025- 31 Oct 2026 Option Year I 1 Nov 2026- 31 Oct 2027 Option Year II 1 Nov 2027- 31 Oct 2028 Option Year III 1 Nov 2028- 31 Oct 2029 Option Year IV 1 Nov 2029- 31 Oct 2030

1.6 General Information

1.6.1 Federal Observed Holidays: The contractor is not required to perform services on holidays

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day

Independence Day Christmas Day Juneteenth

1.6.2 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 7:30 am and 4:00 pm, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.6.3 Place of Performance: The work to be performed under this contract will be performed at the Fort Bliss Operational Area, Texas and New Mexico and Contractor’s facility.

1.6.4 Quality Control Program (QCP): The Contractor shall develop and maintain an effective QCP to ensure services are performed in accordance with (IAW) this PWS. The QCP must be forwarded to and accepted by the KO. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficiencies. The Contractor’s QCP is the means by which the Contractor assures that the work complies with the requirement of the contract. The Contractor shall provide to the Government their quality control documentation within 30 days after contract award; changes to the QCP after award shall be submitted to the Contracting Officer (KO) and Contracting Officer’s Representative (COR) within five (5) working days prior to the proposed changes thereafter. After acceptance of the QCP the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the

QCP.

1.6.5 Quality Assurance: The contractor shall comply with the government’s quality assurance program as defined in the Quality Assurance Surveillance Plan. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) (AQL). Government surveillance of contractor performance is not limited to the Performance Objectives as outlined in this PWS. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition. (Note: This paragraph does not apply in PWSs for Commercial Contracts.)

1.6.6 Type of Contract: The Government will award a No Cost Contract. The Government will not be liable for any charges against any unclaimed vehicle nor for the costs of any services rendered. At no time during the contract period will the Government become liable for any fees or charges. All fees or charges shall be collected from the owner after impoundment of the vehicle at time of pickup from impoundment or from proceeds of the auction.

1.6.7 Special Qualifications: The Contractor shall be licensed in accordance with the State of Texas and New Mexico Department of Licensing and Regulation and Texas and New Mexico Vehicle Storage Facility Act. Contractor shall provide a copy of the Certificate of Registration and License to Operate Vehicle Storage Facility to the Contract Administrator, prior to towing vehicles.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The KO and Contracting Officer’s Representative (COR) shall meet periodically with the contractor to review the contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

1.6.9 Contracting Officer’s Representative (COR): The COR Management System Tool (Virtual Contracting Enterprise (VCE)-Acquisition Resource Center (ARC) https://arc.army.mil/COR) for nomination, tracking, documentation, and management of CORs will be used. The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical https://arc.army.mil/COR aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR.. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel: The following personnel are considered key personnel by the Government:

Contract Manager/alternate contract manager. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 7:30 am thru 4:00 pm, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

Contract Manager/alternate contract manager must be knowledgeable about the contract and have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.6.11 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. All Contractor vehicles shall be readily identifiable. Identification shall include displaying Contractor’s name in a clear and unobstructed location on the vehicle.

Motor vehicles entering Fort Bliss Operational Area shall be properly licensed, insured, and registered with the Installation Access Pass Office.

1.6.12 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with DOD Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid improper influencesn the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on the USAR Facilities.

1.6.13 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.14 Antiterrorism (AT) and Operations Security (OPSEC)

1.6.14.1 AT Level I Training: This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the KO, if a COR is not assigned within 30 calendar days after completion of training by all employees and subcontractor personnel.

1.6.14.2 Access and General Protection/Security Policy and Procedures: This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility, or area.

Contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.14.3 AT Awareness Training for Contractor Personnel Traveling Overseas: This standard language text requires US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.

1.6.14.4 iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.6.14.5 Contractor Employees Who Require Access to Government Information Systems (IS): All contractor employees with access to a government IS, must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

1.6.14.6 For Information Assurance (IA)/Information Technology (IT) Training: All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

1.6.14.7 For Information Assurance (IA)/Information Technology (IT) Certification: Per DoD 8570.01-M, DFARS 252.239.7001, and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

1.6.15 Emergency Services

1.6.15.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor or their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor will, in turn, notify the KO or COR within 30 minutes of the incident.

1.6.15.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

PART 2

DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions:

2.1.1 Cannibalize. Remove parts from Government property for use or for installation on other Government property.

2.1.2 Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.3 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

2.1.4 Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.5 Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.6 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.7 Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.8 Equipment. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.9 Government Furnished Property. Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.10 Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.11. Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal. The prime contractor is responsible for performance of all subcontractors.

2.1.12 Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.13 Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.14 Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.15. Physical Security. Actions that prevent the loss or damage of Government property.

2.1.16 Property. All tangible property, both real and personal.

2.1.17 Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

2.1.18 Property Records. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

2.1.19 Provide, furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

2.1.20 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.21 Quality Assurance Surveillance Plan. An organized document written by the government specifying the surveillance methodology used for surveillance of contractor performance.

2.1.22 Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.23 Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.24 Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

2.1.25 Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.26 Unit Acquisition Cost means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.27 Wide Area Work Flow (WAWF): A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

2.1.28 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.29 Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CAP Contractor Acquired Property CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation GFP Government-Furnished Property HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PA Property Administrator PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit WAWF Wide Area Work Flow

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. The Contractor shall conduct a joint inventory with Government on DD Form 2506 Vehicle Impound Report at the time of impoundment. Witness information shall be completed on a DD Form 2505 Abandoned Vehicle Removal Authorization also at the time of impoundment. If a vehicle is secured, a visual inventory shall be conducted at the scene. The Contractor will breach the vehicle, to include the trunk, to insure a proper inventory at the impound facility. Saleable items of value will be released to DES Military Police Investigators on DD Form 4137 (Evidence/Property Custody Document) as found property.

a. The Contractor shall grant the Government inspection access to all vehicles towed from Fort Bliss, McGregor and Dona Ana Range until final disposition of vehicle. The Government shall provide 24-hour notification prior to inspection.

3.2 The Impound Officer will complete and issue an SF 97 (US Government Certificate to Obtain a Title) to the buyer of these vehicles in order to complete the sale of the vehicle. All vehicles that are being sold for auction will be issued an SF 97.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General : The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Materials: The Contractor shall provide all materials such as but not limited to certified letters or notifications.

4.3. Equipment: The Contractor shall furnish all equipment such as but not limited to: tow trucks capable of meeting the needs of all impounds (including but not limited to trailers, boat, RVs, etc.) to meet the requirements under this PWS.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services: The Contractor shall provide towing and impound and related services

5.2. Task Heading.

5.2.1 The Contractor shall comply with all applicable sections of Texas and New Mexico state laws and regulations for wrecker and towing services.

5.2.3 The Contractor shall respond to the Directorate of Emergency Service (DES) Traffic Section Impound Officer’s telephone requests for Wrecker/Towing Services within two (2) hours of notification.

a. The Contractor shall not proceed to tow an abandoned vehicle without authorization by the Law Enforcement Section of the Provost Marshal Office.

b. The Contractor shall only utilize Contractor maintained vehicles. (No sub-contracted equipment)

c. The Contractor shall have available sufficient scope of equipment to provide for the towing of all vehicle types (i.e. 45 passenger buses, boats, 5th wheel vehicles, loaded 18 wheelers, etc.)

5.2.4 The Contractor shall make diligent effort to notify registered owner or lien holder to the maximum extent practicable, no later than five (5) days after impoundment via certified mail. The period for which that effort is continued may not exceed forty-five (45) days. IAW 10 USCS Section 2575(a), Disposition of unclaimed property.

5.2.5 The Contractor shall provide available space for proper storage for all vehicles.

a. Storage area shall be secured for the protection of each stored vehicle against damage and theft. IAW AR 190-5, 6-3b MOTOR VEHICLE TRAFFIC SUPERVISION.

b. The Contractor shall be liable for any damages to vehicles caused by towing or damages that occur during the period of storage.

c. Vehicles must be stored in the local El Paso area within twenty-five (25) miles from Fort Bliss [Bldg. 20709].

d. The vendor’s impoundment storage area must hold a minimum of one hundred (100) vehicles.

e. The vendor must be able to store the vehicles for a minimum of one hundred twenty

(120) days or out-of-state registration is cleared.

5.2.6 The Contractor shall notify the DES Impound Officer in writing at the end of the 120 day period of the owner or lien holder’s failure to claim the vehicle.

5.2.7 The Contractor shall maintain a complete record system covering all vehicles towed by the Contractor for the Government. Such record shall include the following:

a. The date and time the Contractor was notified and requested to perform services.

b. The name of the person requesting the service.

c. A description (make, model, color, and body style) of the towed vehicle, including state license tag and VIN (vehicle identification number).

d. Owner or driver of the vehicle, if known.

e. Completed electronic invoicing record of all charges to be assessed to each vehicle to include the following:

1. Towing fees

2. Storage fees

3. Breach fees

4. Sale price

5. Auctioneers fees

6. Final disposition of vehicle (sold, returned to owner or lien holder)

7. Dates of all actions taken

a. Tracking of certified letters sent to registered owner to include dates for letters sent.

b. The Contractor shall maintain the records for the current and immediately preceding five

(5) Calendar years, if applicable. These records shall also include invoices.

5.2.8 The Contractor shall ensure each wrecker vehicle which is used to convey an abandoned vehicle displays a valid vehicle inspection sticker as required for all vehicles in the State of Texas and New Mexico.

5.2.9 The Contractor shall maintain during the entire period of the contract a valid bond or insurance policy issued by a surety or an insurance company currently authorized to issue bonds or policies for insurance covering risks in the State of Texas and New Mexico. The aforementioned bonds or policies shall protect the public against loss of life, bodily injury to person, and damage to property IAW the following:

a. Bodily injury and Property Damage shall be in the amount as required by Texas and New Mexico Statute.

b. Garage Keeper’s Legal Liability shall not be less than the amount required by Texas statute, with a deductible no greater than required by Texas and New Mexico statute, and must include comprehensive and collision.

c. Storage area coverage shall not be less than required by Texas and New Mexico statute for the Loss of Contents of the vehicle, with a deductible no greater than required by Texas statute, and must include, but not be limited to the following perils: fire, lightning, explosions, windstorms, hail, malicious mischief, and theft.

d. Contractor shall be liable for any damages to vehicles caused by towing or damages that occur during the period of storage.

e. Proof of insurance and/or bonding shall be provided to the Contracting Officer and Contracting Officer Representative.

5.2.10 The Contractor shall comply with all Texas and New Mexico State laws when processing any claims made against him.

5.2.11. The Contractor shall conduct a thorough title search. If a vehicle has a lien, the Contractor shall notify lien holder and release the vehicle to the lien holder, annotating the record accordingly.

a. Lien holder shall pay the Contractor fees and charges due for vehicles released to the lien holder.

If the lien holder does not choose to claim the vehicle, it shall be disposed of in accordance with New Mexico and Texas and/or Federal statutes, whichever is most stringent.

5.2.12. Auction of Abandoned Vehicles: IAW Title10, CH 153, 2575a

5.2.13 Abandoned vehicles may be auctioned no earlier than 120 calendar days from the time when the vehicle (s) was towed.

5.2.14 Contractor shall notify the Government at the end of the 120 day period of the owner failure to claim the vehicle.

5.2.15 The Government and the contractor both will notify the owner after impoundment by certified mail in accordance with Texas, New Mexico and/or Federal statutes, whichever is the most stringent.

5.2.16 Each auction will be held at the Contractor’s impound lot on a date and time to be mutually agreed upon by the Contractor and the Government.

5.2.17 The Government will not be liable for any charges against any unclaimed vehicle. At no time during the contract period will the Government become liable for any fees or charges. All fees or charges shall be collected from the owner after impoundment of the vehicle at time of pickup from impoundment or from proceeds of the auction.

5.2.18 Towing charges for unclaimed vehicles are deducted and authorized against the proceeds of auction vehicles prior to payment being made to the NAFI.

a. Contractor agrees that any fees or charges not covered by the auction of the vehicles will not be charged to the NAFI or the Government regardless of the sale price of the vehicle at auction.

5.2.19 Contractor shall pay the NAFI in accordance with 10 USC 2575 (Title 10 United States Code, Section 2575), which permits military installations to retain monetary proceeds from the sale of lost, abandoned, or unclaimed personal property.

5.2.20 Contractor shall pay the NAFI two percent (2%) of the proceeds from each auction within fifteen

(15) calendar days. This 2% shall be paid from the total proceeds of the auction, before contractor deducts its fees and charges from the proceeds”

Checks shall be made for this amount payable to IMWRF and sent to:

Fort Bliss IMWRF Attn: IMWE-BLS-MWN Building 11 Pershing Road Fort Bliss, TX 79916-6812

5.2.21 The Contractor shall notify the Impound Officer in writing about any vehicles which are still unclaimed after the Contractor’s diligent search for the owner or lien holder and after expiration of 120 days, and which are saleable but are unable to be titled as required for sale.

5.2.22 The Contractor shall store vehicles auctioned at no charge to the buyer for a period not to exceed five (5) business days to allow vehicle buyer to obtain required State Registration and insurance when issued an SF 97 for the purchased vehicle. If after five (5) business days the buyer has not claimed their vehicle, the Contractor will be authorized to charge a storage fee to the buyer.

5.2.23 The Contractor agrees to comply with federal, state, and local public health regulations and also will comply with DoD health and Army Public Health Regulations and guidance.

5.3 Deliverables. Provide copies of documents related to impounded vehicles from time of impound to time of disposal (to owner or after auction).

5.3.1 The Contractor shall send all records to the DES Traffic Section Impound Officer monthly.

a. The Contractor shall make all records required herein available upon request to the Government.

5.4 Inspection Requirements. The Contractor shall provide quality services and/or products IAW this contract.

5.4.1 When the Contractor’s performance is unsatisfactory; a CDR shall be issued. If a CDR has to be issued, the Contractor shall reply in writing, giving the reason for the unsatisfactory condition, and what corrective action has been taken; and procedures to prevent recurrence.

5.5. Contractor Manpower Reporting (CMR): The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Department of the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs from October 1 through September 30. While inputs may be reported any time during the

FY, all data shall be reported no later than October of each calendar year, beginning with 2025.

Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at https://sam.gov. As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.”

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Any Contractor provided publications are to be procured and maintained at Contractor’s expense.

29 CFR 1910, Occupational Health and Safety DoD 5200.08-R, Physical Security Program 32 CFR 147.24, The National Agency AR 190-13, The Army Physical Security AR 385-10, The Army Safety Program DA Pam 385-40, Army Accident Investigations and Reporting AR 190-5 Change 2, Motor Vehicle Traffic Supervision, October 2002 AR 190-11 Physical Security of Arms, Ammunition and Explosives, February 1998 AR 385-10 Army Safety Program, February 2000 AR 420-90 Fire and Emergency Services, September 1997 DOD 4160-20-M Defense Material Disposition Manual, August 1997 10 USC Sec. 2575a, Disposition of unclaimed property TDLR, Texas Administrative Code, Chapter 86

6.2. Forms. Mandatory records and report forms are listed below.

DD254 – Department of Defense Contract Security Classification Specification, available at http://www.dtic.mil/dtic/pdf/formsNguides/dd0254.pdf DD Form 2506 Vehicle Impoundment Report SF 97 The United States Government Certificate to Obtain Title to a Vehicle http://www.dtic.mil/dtic/pdf/formsNguides/dd0254.pdf

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. ATTACHEMENT/TECHNICAL EXHIBIT LIST:

7.1 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2 Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Required Services (Tasks)

Performance Standard

Acceptable Quality Level (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

Incentive (Positive and/or Negative)

(Impact on Contractor Payments)

# 1.

The contractor shall provide A secure storage area for stored vehicles PWS Para 5.2.5

The contractor provided a storage area protected against damage and theft IAW AR 190-5, 6-3b Motor Vehicle Traffic Supervision

Zero deviation from standard

100 percent inspection Trends of less than acceptable performance will be reflected in Surveillance reports presented to the Contracting Officer.

# 2 6 The Contractor shall notify the DES Impound Officer in writing at the end of the 120 day period of the owner or lien holder’s failure to claim the vehicle.

PWS Para 5.2.6

The contractor notified the DES impound Officer in writing

Zero deviation from standard

Random sampling Trends of less than acceptable performance will be reflected in Surveillance reports presented to the Contracting Officer.

# 3 The Contractor shall make all records required herein available upon request to the Government.

PWS Para 5.3.1a

Contractor provided requested paperwork

Zero deviation from standard

Random sampling Trends of less than acceptable performance will be reflected in Surveillance reports presented to the Contracting Officer.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Provide copies of documents related to impounded vehicles from time of impound to time of disposal. PWS Para 5.3

By the 5th of the every month.

2 copies by the 5th of every month

Hard copy in MS word

Directorate of Emergency Services, 20709 Sergeant Major Blvd, Fort Bliss, TX 79918

POC: Valarie Claxton