RFI Attachment 1_ PWS (DRAFT).pdf

U.S. Department of the Treasury

- 3 -

PERFORMANCE WORK STATEMENT (PWS) TABLE OF CONTENTS

C.1 GENERAL INFORMATION

C.1.1 Background

C.1.1.1 TFF and TEOAF

C.1.1.2 OFAC

C.1.1.3 Roles of the Seizing Agencies C.1.1.4 Types of Custody

C.1.2 Objective C.1.3 Management and Administration

C.1.3.1 Organizational Chart C.1.3.2 Personnel Requirements C.1.3.3 Training C.1.3.4 Plans and Programs C.1.3.5 Contractor Interfaces

C.1.4 Performance C.1.4.1 Performance Standards C.1.4.2 Quality Assurance

C.1.5 Risk Management C.1.5.1 Risk Management Philosophy C.1.5.2 RM Plan C.1.5.3 RM Report C.1.5.4 Quality Control Program C.1.5.5 Adverse Incidents C.1.5.6 Disaster Recovery and Continuity of Operations C.1.5.7 Mass Mobilization Plan (MMP)

C.1.6 Security Program C.1.6.1 Security Clearances C.1.6.2 Citizenship Requirements C.1.6.3 Accounting for and Records of Employees C.1.6.4 Physical Security/Key Control C.1.6.5 Access to Property

C.1.7 Safety Program/Plan C.1.7.1 Fire and Accident Prevention C.1.7.2 Emergency Notification Procedures C.1.7.3 Safety Inspections C.1.7.4 Accident Reporting

C.1.8 Information Assurance Security Requirements/Plan C.1.8.1 General

C.1.8.2 IT System Security C.1.9 Agency Directives, Policies, Regulations, Forms, and Publications

C.2 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

C.2.1 General C.2.2 Accountability and Inventory Management

C.2.2.1 Initial Inventory of Government-Furnished Property C.2.2.2 Annual Inventory C.2.2.3 Receiving Reports C.2.2.4 Property Shortages and Damages C.2.2.5 Final Inventory

C.2.3 Government-Furnished Forms C.2.4 Government-Furnished Materials and Supplies C.2.5 Government-Leased Facilities

C.2.5.1 Facilities Maintenance, Repair, and Alteration of GFF C.2.5.2 Utilities of GFF

C.2.6 Government-Furnished Equipment C.2.6.1 General C.2.6.2 Warehouse Equipment

C.2.6.3 SEACATS

C.2.6.4 IT Equipment C.2.6.5 Document Control and Storage System C.2.6.6 Inventory Control and Management Information System C.2.6.7 Contractor Support for Government-Furnished Systems C.2.6.8 Repair versus Replacement of GFE C.2.6.9 Equipment Manuals C.2.6.10 Return of GFE to the Government C.2.6.11 Moving of GFE

C.2.7 Government-Furnished Services C.2.7.1 General Property and Conveyance Photographs C.2.7.2 Computer Help Desk C.2.7.3 T-1 Lines C.2.7.4 Training

C.2.8 Travel

C.3 CONTRACTOR-FURNISHED PROPERTY AND SERVICES

C.3.1 General C.3.2 Contractor-Furnished Systems

C.3.2.1 Correspondence Control and Storage System C.3.2.2 Document Control and Storage System C.3.2.3 Accounting and Finance System

C.3.3 Contractor-Furnished Equipment C.3.3.1 Telecommunications Equipment

C.3.3.2 Computers and Peripherals C.3.3.3 Performance Requirements Summary

C.3.4 Contractor-Furnished Supplies and Materials C.3.4.1 Stock Levels C.3.4.2 Personal Protection Equipment (PPE)

C.3.5 Contractor-Furnished Services C.3.5.1 Mail, Delivery, and Transportation Services C.3.5.2 Clerical Support C.3.5.3 Housekeeping within Secured Storage Areas and Secured Loading Docks

C.3.6 Contractor-Furnished Local and Specialty Storage C.3.6.1 Specialized Storage for Refrigerated/Frozen and Climate-Controlled General

Property C.3.6.2 Specialized Storage for Vehicles and other Conveyances C.3.6.3 Local “Short-Term” Storage for General Property

C.4 SPECIFIC REQUIREMENTS

C.4.1 Contractor Operations

C.4.1.1 Administrative Tasks C.4.1.2 Office Listings and Procedures C.4.1.3 Call Receiving and Dispatch Operations

C.4.2 Pre-Seizure and Consignment C.4.2.1 Pre-Seizure Services for Conveyances C.4.2.2 Determination of Consignee C.4.2.3 Consignment C.4.2.4 Acceptance

C.4.3 General Property Transportation C.4.3.1 Basic Transportation C.4.3.2 Intermediate Stops C.4.3.3 Waiting Time Charges C.4.3.4 Accurate Cost Tracking for Transportation-related Charges

C.4.4 General Property Storage C.4.4.1 Receipt of General Property C.4.4.2 Storage C.4.4.3 Identification of General Property in Storage C.4.4.4 Receipt and Processing of High Value General Property C.4.4.5 Receipt and Processing of General Property that Must Be Stored in a Climate-

Controlled Storage Unit, i.e., Kept Refrigerated or Frozen C.4.4.6 Receipt and Processing of General Property C.4.4.7 Third-Party Determination of Fair Market Value C.4.4.8 Maintenance C.4.4.9 Manipulation Support

C.4.5 General Property Disposition

C.4.5.1 Disposition Recordkeeping C.4.5.2 Special Requirement Regarding Hazardous Waste C.4.5.3 Receipt and Processing of Hazardous General Property C.4.5.4 Destruction C.4.5.5 Recycling C.4.5.6 Remittance C.4.5.7 Retention by Seizing or Blocking Agency C.4.5.8 Transfer to Other Federal, State, or Local Agencies or Charitable Organizations70 C.4.5.9 Packing and Preparation for Shipment C.4.5.10 Sales and Marketing

C.4.6 Automated Systems

C.4.6.1 SEACATS

C.4.6.2 Contractor Cost Reporting

C.4.7 Accounting and Financing C.4.7.1 Accounting and Financing Standards C.4.7.2 Accounting Requirements C.4.7.3 Accounting for Non-Routine Types of General Property Dispositions and

Recycling Revenue C.4.7.4 Accepting Payment C.4.7.5 Terms of Payment C.4.7.6 Documenting Sales C.4.7.7 Transfer of Funds to the Department of the Treasury C.4.7.8 Relinquished Sale Deposits C.4.7.9 Final Revenue/Expense Sale Report C.4.7.10 Shortages/Overages of Collections

C.4.8 Program Reviews C.4.8.1 Quarterly Randomized Location Inventory C.4.8.2 Annual Inspection

C.4.9 Deliverable Data C.4.9.1 Report of Deliverables C.4.9.2 Monthly Management Report C.4.9.3 Monthly Space Utilization Report

C.4.10 Transition/Phase-In Contractor Interactions C.4.10.1 Transition/Phase-In Period C.4.10.2 Transition/Phase-In Plan C.4.10.3 Transition/Phase-In Period Access C.4.10.4 Transition/Phase-In Schedule C.4.10.5 Future Transition/Phase-Out Requirements C.4.10.6 Transition/Phase-Out Period C.4.10.7 Transition/Phase-Out Plan C.4.10.8 Contractor Operations

C.4.10.9 Physical Facilities C.4.10.10 Government Property C.4.10.11 Reserved C.4.10.12 Transfer of Government-Furnished Property

C.4.11 Joint Inventory and Transfer of General Property

C.5 UNIQUE REQUIREMENTS

C.5.1 USSS

C.5.1.1 Operational Points-of-Contact C.5.1.2 Consignment C.5.1.3 Receipt of General Property C.5.1.4 Accounting Requirements C.5.1.5 Acceptance C.5.1.6 Receipt of General Property C.5.1.7 Conduct of Sale C.5.1.8 Transfer of Items to Purchaser

C.5.2 UNIQUE REQUIREMENTS FOR IRS-CI

C.5.2.1 Operational Points-of-Contact C.5.2.2 Consignment C.5.2.3 Receipt of General Property C.5.2.4 Accounting Requirements C.5.2.5 Acceptance C.5.2.6 Receipt of General Property C.5.2.7 Transfer of Items to Purchaser

C.5.3 Unique Requirements for OFAC C.5.3.1 Operational Points of Contact C.5.3.2 Access to General Property C.5.3.3 Consignment/Acceptance C.5.3.4 General Property Identification C.5.3.5 Third-Party Determination of Fair Market Value/Determination of Fair Market

Value C.5.3.6 General Property Disposition C.5.3.7 Destruction C.5.3.8 Sales and Marketing C.5.3.9 Transfer of Funds to the Department of the Treasury C.5.3.10 Other Unique Requirements*

LIST OF TECHNICAL EXHIBITS

Number Title 1.0-001 Reports and Deliverables Lists (RDL) 1.2-001 List of Seizing Agencies 1.3-001 Required Certifications and Licenses 1.4-001 Performance Requirements Summary (PRS) 1.4-002 Sample Monthly Status Report Format 1.5-001 Proposed Procedures for Handling Adverse Incidents 1.5-002 Minimum Topics to be Addressed in the Contractor’s Mass Mobilization Response

Plan 1.8-001 SEACATS Property Contractor User Guide – Draft 1.8-002 SEACATS Instructor Guide 1.9-001 Publications, Policies, Guidelines, Regulations, and Forms 2.5-001 Minimum Requirements for Centralized Storage Facilities 2.6-001 Government-Furnished Equipment (GFE) 2.6-002 Structure of the Government-Furnished SEACATS Application 2.6-003 Contractor-Support for Government-Furnished Systems 2.8-001 Trips Taken by Incumbent Contractor – Historical Only 3.6-001 Locations Requiring a Contractor-Furnished Vehicle Storage Lot within 40 Miles 3.6-002 Minimum Requirements for Various Types of Contractor-Furnished Storage Facilities 4.1-001a & b Historical General Property and Conveyance-Related Workload Data :

a – Historical General Property Workload Data b – Historical Conveyance-Related Workload Data

4.1-002 SEACATS Codes for General Property and Conveyance Types 4.1-003 Historical Sept. 30, 2009 Snapshot Volumes of Local and Specialty Stored Items 4.2-001 Sample Chain of Custody Form 4.2-002 CBP Form 6051 – Custody Receipt for Seized Property and Evidence 4.2-003 CBP Form 58 – Vehicle/Vessel/Aircraft Inventory and Receipt Form 4.2-004 CBP VIW – Vehicle Inspection Worksheet 4.3-001 Seizures by Location 2007-2009 by Commodity Classification 4.4-001 State Hazardous Material Regulations Web Sites 4.4-002 Hazardous Materials Categorization Definitions 4.4-003 Conveyance Maintenance Plans 4.5-001 Sample Disposition Order 4.5-002 Sample Holding Cost Estimate 4.5-003 Government Terms and Conditions for Sale 4.5-004 Sample Auction Catalog 4.5-005 Sample Sales Press Release 4.5-006 Instructions for Logging the SF 97 4.5-007 Instructions for Posting Web Auction Data 4.6-001 SEACATS Data Entry Requirements – Field Names 4.6-002 Indirect Cost Calculation Process 4.6-003 Indirect Cost Calculation Example

LAYOUT OF PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Contents

This PWS is structured as follows:

C.1: General Information C.2: Government-Furnished Property and Services C.3: Contractor-Furnished Property and Services C.4: Specific Requirements C.5: Unique Requirements

C.1 GENERAL INFORMATION

The United States Department of Treasury, Departmental Office (DO) is seeking a new Seizure & Forfeiture of General Property contract that supports the business requirements and strategic mission objectives of the DO and the agencies within the United States Department of Homeland Security (DHS) that participate in the Treasury Forfeiture Fund (TFF). This Performance Work Statement (PWS) sets forth the scope of work to be performed in any such contract.

Under the contract, the Contractor shall provide property management and disposition services to support (a) the seizure and forfeiture program for the Treasury Executive Office for Asset Forfeiture (TEOAF)1 and (b) blocked general property of the United States Department of the Treasury, Office of Foreign Assets Control (OFAC). The contract will support DO and the components within DHS that participate in the TFF by providing services for the receipt, possession, custody, management, and disposition of seized, blocked, or forfeited personal property of OFAC, TEOAF, and all governmental entities that participate in the TFF. The Contractor shall provide all services, materials, supplies, supervision, labor, and equipment, except that specified herein as Government-furnished, to perform such property management and disposition functions.

C.1.1 BACKGROUND

C.1.1.1 TFF and TEOAF The mission of the Treasury Forfeiture Fund (TFF) is to affirmatively influence the consistent and strategic use of asset forfeiture by participating agencies to disrupt and dismantle criminal enterprises. The TFF is administered by TEOAF.

The continued high-impact performance of the TFF reflects the ongoing hard work of the TFF’s law enforcement bureaus as well as the TFF management’s emphasis on major case initiatives, asset forfeiture program training, and a focused approach regarding a performance measure that gauges revenue from high-impact cases. It is TEOAF’s view that the greatest damage to criminal enterprise can be achieved through large forfeitures;

hence it has set a target level of 75 percent of its forfeitures to be high impact forfeitures.

1 This program is the TFF.

The TFF was established in 1992 as the successor to what was then the Customs Forfeiture Fund. The TFF continues, in its capacity as a successful multi-departmental fund, representing the interests of law enforcement components of the United States (U.S.)

Department of Treasury (Treasury) and DHS. It is the receipt account for the deposit of non-tax forfeitures made various member agencies, including, but not limited to:

• U.S. Department of the Treasury (Treasury)

• Internal Revenue Service Criminal Investigation Division (IRS-CI)

• Alcohol and Tobacco Tax and Trade Bureau (TTB)

• U.S. Department of Homeland Security (DHS)

• U.S. Immigration and Customs Enforcement (ICE)

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

• U.S. Secret Service (USSS)

• U.S. Coast Guard (USCG)

The creation of the TFF brought together all then-Treasury law enforcement agencies.

Although some bureaus were subsequently transferred to DHS by the Homeland Security Act of 2002 (Public Law No. 107-296), they remain participants of the TFF. (See also http://www.treas.gov/offices/enforcement/teoaf/) Effective law enforcement actions against criminal enterprises, from drug cartels to terrorist organizations, require depriving them of enabling assets and profits that support or stem from their existence. The TFF is derived from the forfeited assets of criminal enterprises.

The TFF is a “special receipt account” (i.e., a resource account that provides funding to the participating law enforcement agencies to enhance their capabilities to conduct successful investigations and forfeitures).

TEOAF, through the provision of leadership, guidance, and stewardship, works to maximize the impact of forfeitures performed by the participating agencies. As the administrator of the TFF, TEOAF performs the following functions:

• Promotes the use of proceeds from asset forfeitures to fund programs and activities aimed at disruption and dismantling criminal infrastructures, in particular major case initiatives and activities enhancing forfeiture capabilities;

• Manages TFF revenues to cover the costs of seizure and forfeiture;

• Trains law enforcement personnel of the participating agencies in various aspects of asset forfeiture;

• Promotes cooperation among federal, state, and local law enforcement agencies through funding of expenses including equitable sharing, as well as the development of task forces;

• Promotes financial stability and vitality of the TFF;

• Coordinates TFF policy among the participating agencies; Through the precepts of risk management, identifies and initiates action to address program risks; and

• TEOAF staff serves as the designated Contracting Officer’s Technical Representatives (COR) for this and similar contracts dealing with seized General Property. TEOAF staff will review and provide comment on the Contractor’s risk management plans, procedures, and investigations on behalf of the TFF.

http://www.treas.gov/offices/enforcement/teoaf/) http://www.treas.gov/offices/enforcement/teoaf/)

C.1.1.2 OFAC

OFAC of the U.S. Department of the Treasury administers and enforces economic and disposition services similar to that of TEOAF trade sanctions based on U.S. foreign policy and the agencies participating in national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze assets under U.S. jurisdiction. Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments. (See also “Executive Order 13224— Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism Notice of September 24, 2001 — Continuation of Emergency With Respect to UNITA” for more information on blocked property.)

C.1.1.3 Roles of the Seizing Agencies

There are two types of forfeiture available to the Government: civil forfeiture and criminal forfeiture. A civil forfeiture is intended to confiscate property used or acquired in violation of the law; a criminal forfeiture is imposed on a wrongdoer as part of his/her punishment following a conviction. The procedures involved in these two types of forfeiture are very different; however, the results are the same, which is the transfer of rights, title, and interest of the property to the U.S. Whichever procedure is employed, a party asserting an interest in the property may petition to recover that interest.

The purpose of civil forfeiture is to confiscate property used in violation of the law and to remove the illegally gained profits from violators. Civil forfeitures are in rem. In rem refers to a legal action directed solely against the property based on a legal finding that the property itself is used in an illegal manner. An in rem proceeding is not an action against a violator, but against the property involved. In rem proceedings are separate legal actions from any criminal action taken against the violator.

There are two types of proceedings used for civil forfeiture: administrative and judicial.

Administrative proceedings are conducted by the seizing agency while judicial proceedings are conducted in a court before a judge. The value and type of General Property and whether or not the forfeiture is contested determine the proceeding used. In general, if the property seized is valued at $500,000 or less, civil administrative forfeiture proceedings may be used. There are exceptions; for example real estate cannot be forfeited under administrative proceedings, and monetary instruments can be forfeited using administrative proceedings even if the value exceeds $500,000. Administrative proceedings cannot be used when the action is contested by the filing of a claim.

C.1.1.4 Types of Custody In a civil forfeiture action, property subject to forfeiture is generally taken into custody pursuant to a seizure warrant, or a warrant of arrest in rem in a civil judicial forfeiture action where the property was not previously seized. In a criminal forfeiture action, property http://www.treas.gov/offices/enforcement/teoaf/about-forfeiture.shtml#civil%23civil http://www.treas.gov/offices/enforcement/teoaf/about-forfeiture.shtml#criminal%23criminal http://www.treas.gov/offices/enforcement/teoaf/about-forfeiture.shtml#criminal%23criminal http://www.treas.gov/offices/enforcement/teoaf/about-forfeiture.shtml#civil%23civil http://www.treas.gov/offices/enforcement/teoaf/about-forfeiture.shtml#criminal%23criminal subject to forfeiture may be seized pursuant to a criminal seizure warrant, or upon entry of a preliminary order of forfeiture. There are four types of custody, but the Contractor shall be tasked under the Contract to provide custody only for Types A, B, and C.

A. Regular Custody: The Contractor shall take physical possession of property, provide secure storage for property, perform necessary maintenance on property, control access to property, and dispose of property as instructed by the Designated Agency Representative (DAR).

B. Administrative Custody: The Contractor will provide secured space for sensitive property. The Seizing Agency strictly controls access to this space.

C. Custody Pending Inventory: When directed by the Seizing Agent, the Contractor will take custody of certain property without conducting an inventory until the Seizing Agency arranges for a joint inventory at a later date. This must be documented on the appropriate chain of custody form by the Seizing Agent.

D. Agency Custody: The Seizing Agency retains physical custody of property. The Contractor will not be tasked to provide custody under this type.

C.1.2 OBJECTIVE

The primary objective of this PWS and its Technical Exhibits is to describe the requirements of Treasury and DHS for nationwide services for the receipt, possession, custody, management, and disposition of seized, blocked, or forfeited personal property on behalf of TEOAF, the agencies participating in TFF, or OFAC when the seizing or blocking agency determines that Contractor services for such property will be in the agency's best interest.

Such seized, blocked, or forfeited personal property is defined as seized, blocked, or forfeited tangible property that is not real property, money, or investments (excluding numismatic items), and may include aircraft, vehicles, vessels, machinery and equipment, antiques and collectibles, and livestock. Any and all such personal property when the seizing or blocking agency determines that Contractor services for such property will be in the agency’s best interest shall hereinafter be referred to as “General Property.”

The Contractor shall perform work in all 50 states and the District of Columbia, as well as all U.S. territories. A listing of seizing and blocking agencies whose General Property will be supported under this PWS is provided in Technical Exhibit 1.2-001. The Contracting Officer (CO), in accordance with Subpart 1.6 of the FAR, is the only person authorized to make or approve any changes in any of the requirements of this Contract and such authority remains solely with the CO. See Sections G.1 through G.5 of the solicitation or contract for the authorities, responsibilities, and limitations of the designated contract administrators. The Contractor shall only take instruction from the CO, Contracting Officer’s Technical Representative (COR), DAR in the field representing such seizing and blocking agencies, and any individuals specifically designated in writing by the CO as set forth in Section C.1.6 below.

The work to be performed by the Contractor at these locations is described throughout the PWS. The Contractor shall perform all TFF and OFAC workload requirements during the term of the Contract, consistent with the contract’s Section B. However, historical workload data is provided for informational purposes, shown in Technical Exhibits 4.1-001 (both a and b), and Technical Exhibit 4.3-001. The Government reserves the right, at its discretion, to choose to manage and dispose of some of the seized or blocked personal property in selected locations itself. The Government makes no warranties, either expressed or implied, as to the accuracy of the historical workload data or whether it is a complete or accurate projection of the Government’s future workload during the performance of the Contract. Fulfilling the requirements of the Contract includes, but is not limited to (see Section C.4 for specific responsibilities):

• Pre-seizure analysis of General Property as directed by the seizing agency.

• The receipt, custody, security, transportation, review of Appraised Value (APV), quick sale, storage, inventory, preservation, maintenance, repair, modification, refurbishment, upgrade, and final disposition (remit, retain, transfer, donate, destroy, or sell) of all types of General Property. Upon request, the Contractor shall provide required storage space for CBP and/or other agencies participating in the TFF, in which case the Contractor shall maintain administrative custody only. For all property placed into administrative custody, the Contractor shall provide secured space in which the Seizing Agency has strict control and access. This includes currency and/or monetary instruments, and controlled substances (i.e., drugs/narcotics, firearms, and Bureau of Alcohol, Tobacco, Firearms, and Explosives’ classified Class A and B explosives).

• Capturing, recording, reporting, and updating of all seizure data and related costs regarding the above General Property activities using the CBP-owned and Contractor-operated automated systems: Seized Asset and Case Tracking System (SEACATS) and/or any other new consolidated automated system; and the Contractor’s Government-approved accounting system. There is no Government- Furnished automated system specifically for tracking the same information for OFAC’s blocked property items. The Contractor shall maintain the same types of data and records for blocked property using an MS Excel spreadsheet or other CO-approved software program.

• Meeting the risk management requirements in accordance with the Contractor’s CO-approved Risk Management Plan.

• Implementing the tasks required in a manner designed to maximize the quality of service and minimize costs and property deterioration.

• Internal and external audits of a. through d. above, to include the program operations and financial management.

While the Contractor may perform all of the services available to TFF member law enforcement agencies for pre-seizure activities for General Property (e.g., appraisals, inventory, photographing, etc.), when appropriately directed to do so, the Contractor is not authorized to conduct the execution of seizure warrants of General Property(ies). The seizure shall be conducted by the Seizing Agency, which will formally transition custody of the item(s) to the Contractor using the appropriate agency-level Chain of Custody form.

The Contractor shall use a mix of Government-furnished and Contractor-furnished automated systems including, but not limited to: SEACATS; a Government-approvable finance and accounting system (e.g., Deltek Incorporated’s Government Contractor Software Series or equivalent); and other designated replacement automated systems.

While not exhaustive, the following types of administrative support tasks are typical of some of the work to be performed by the Contractor in support of the above functions:

• Clerical services;

• Operate Facilities and Conveyance Key Control Program; (see the Risk

Management / Physical Security requirements later in this PWS);

• Track expenditures against budgets and execution plans;

• Develop cost estimates;

• Prepare draft responses to Government requests for information;

• Perform record keeping functions;

• Provide for correspondence document control; and

• Maintain approved invoicing and filing systems.2

In an effort to keep pace and to create a highly efficient storage system, TEOAF is utilizing Government-leased, rather than Contractor-furnished centralized storage facilities.

Government-leased centralized storage facilities, when available, permits TEOAF to leverage the economic buying power of the General Services Administration (GSA) to obtain the most flexible and cost- effective space necessary to meet the changing needs of the storage environment. This process will permit the Government to stand–up facilities where needed, when needed, and as large as needed in a more expeditious manner to meet the needs of the Seizing Agencies. Once Government-leased centralized storage facilities are provided by the Government to the Contractor for use as the centralized storage facilities for General Property under the Contract, then the buildings, grounds, and utilities services for such Government-leased centralized storage facilities will be provided by an external GSA-provided contractor and are not and will not be part of the scope of the Contract.

C.1.3 MANAGEMENT AND ADMINISTRATION

The Contractor shall provide timely and responsive services, technical excellence, and perform under the direction of the CO. The CO will designate specific technical representatives, henceforth designated as COR. As approved by the CO, customer agencies may delegate contract oversight and technical work approval authorities to specific DAR personnel.

C.1.3.1 Organizational Chart The Contractor shall submit an initial set of Organizational Charts at the mid-point of the Transition/Phase-In Period to the CO and COR. (RDL 1.3-001) During the final work week of the Transition/Phase-In Period, the Contractor shall submit to the CO and COR an updated chart depicting the detailed organization finalized for the performance of this PWS when the Base Period begins the next week. The chart shall contain the names, work addresses, and telephone numbers of the supervisory and management individuals with authority to represent the Contractor before the Government in all matters arising under this PWS, to resolve problems, and respond to emergencies. The chart shall also identify an updated list of all CO-approved Key Personnel. The Contractor shall keep the chart current, accurate, and complete, and shall notify the CO and COR in writing within seven business days prior to any personnel or organizational changes are made. Notwithstanding the foregoing, nothing contained in this subsection shall relieve the Contractor of any of the obligations contained in Sections G or H of the Contract related to Key Personnel. (RDL 1.3-001) The Contractor shall submit a list of CO-approved Key Personnel changes to the

2 For informational purposes only, there has been a trend of increased seizures of counterfeit or unlicensed intellectual property (e.g., DVDs, CDs, videos, software, and knock-off clothing and accessories). As the world economy struggles over the next few years, it is possible that the U.S. will see more of these low-cost imitations flood the shores.

CO, COR, and seizing agency liaisons within three business days of receipt of the CO’s written approval. (RDL 1.3-002) C.1.3.2 Personnel Requirements The Contractor shall furnish fully trained and qualified managerial, supervisory, technical, administrative, clerical, and other individuals, sufficient in number and qualifications to fully support and accomplish all work.

C.1.3.2.1 Standards Project Personnel (which include the Contractor’s employees, subcontracted employees, and other individuals performing work under the Contract) shall obtain and maintain in good standing all certifications and licenses necessary or appropriate to perform work contained in this PWS that is assigned to them. (See Technical Exhibit 1.3-001 for a list of required certifications and licenses.) Examples of certifications include, but are not limited to, appropriate Commercial Driver’s License endorsements, State-mandated Hazardous Materials (HAZMAT) Handling and/or Storage Certificates, and Forklift and other Material Handling Equipment Safety Training Certificates. Proof of certification through a Government-approved source of training shall be presented to the CO or designated representative prior to the end of Transition/Phase-In Period (RDL 1.3-008) and again prior to the 1) operation of a forklift, crane, or other material handling equipment on Government-controlled property and 2) handling of items designated by the Government as Hazardous Materials by Project Personnel for the first time under the Contract. The Contractor shall ensure that all safety regulations, training requirements, and certification requirements have been met by Project Personnel and documented prior to being assigned to perform these tasks under the Contract. Mechanics sent to respond to pre-seizure equipment breakdown services requests, or subsequent re-assembly service requests, under the Contract must be certified by the National Institute for Automotive Service Excellence (ASE) or the Society of Automobile Engineers (SAE).

The Contractor shall maintain the certifications, licenses, renewal training, and qualifications of all Project Personnel throughout each performance period so that all Project Personnel are appropriately certified, licensed, trained, and qualified for the work they perform under this PWS. No Project Personnel shall be assigned to a task to which the individual is not or is no longer certified, licensed, trained, or qualified to perform. The Contractor shall verify the Project Personnel have the required certifications and licenses.

Project Personnel operating Government computers on a Government network shall be certified and re-certified on an annual basis under the Automated Security Training Program established in accordance with CBP’s information technology security program related to the use of SEACATS and other Government systems.

Further, the Contractor is encouraged to adopt policies banning text messaging while driving during performance of duties under the Contract.

C.1.3.2.2 Qualification Requirement Waiver Request During Contract administration, and under certain circumstances, the Government reserves the right to waive specific qualification requirements for any given individual performing work under the PWS if issuing a waiver is determined to be in the best interest of the Government. The issuance of waivers will not be a routine practice and will be individual specific. In each case, a waiver request shall be submitted by the Contractor, along with the résumé for the individual for whom the waiver is being requested, giving a description of and full justification for the proposed waiver. The waiver request package shall include a synopsis of the recruitment leading up to the request, to include a complete list of the pool of candidates from which the subject individual was selected. The waiver request will be reviewed and approved by the CO;

however, the CO may delegate the approval authority to the COR. If the waiver is granted, the position description is not changed, but the individual person granted the waiver is authorized to work under that specific title with all the duties and benefits conferred upon it. Training covered by the waiver must be completed within 90 days of the date of the waiver. The waiver is not transferable to another labor category or individual.

C.1.3.2.3 Subcontractors All Project Personnel qualifications, training, and certification and documentation requirements stated herein shall be construed to include any subcontracted or consultant personnel (at any tier) working under the Contract.

The Contractor shall enter subcontracting report data into the government Electronic Subcontracting Reporting System (eSRS) website (http://www.esrs.gov) in accordance with the eSRS Contractor User Guide, as well as submit its eSRS reports twice a year. A copy of the eSRS Contractor’s Guide is located at the following website on the Internet:

http://www.esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf. The Government intends to provide the Contractor with access to the eSRS website at time of Contract award. However, if eSRS is not available, the Contractor shall submit the report in hard copy.

C.1.3.2.4 Conduct of Project Personnel The Government reserves the right to require the Contractor to reassign or remove from the Contract any Project Personnel (regardless of his/her employer) deemed incompetent, careless, unsuitable, or otherwise objectionable, or whose continued use under the Contract is deemed contrary to the best interests of the Government. Such removal of Project Personnel does not relieve the Contractor from the requirement to perform Contract tasks in accordance with the specified performance standards. Project Personnel at Government-leased facilities, where provided, shall return identification badges, keys, and key cards to the COR immediately upon such removal or the conclusion of their performance of work under the Contract, or termination of the Contract, whichever occurs first. The Contractor shall be responsible for the performance and conduct of Project Personnel at all times whether at a Government-leased facility or a Contractor-furnished facility operated under the Contract. Project Personnel (regardless of his/her employer) or any representative of the Contractor entering the Contractor’s facilities or Contractor-or Government-leased facilities shall abide by established rules, policies, regulations, and procedures (e.g., smoking policies, general housekeeping requirements, safety requirements, and waste disposal requirements), and shall be subject to physical check by the Government as may be deemed necessary. The Project Personnel shall only conduct business covered by the Contract during periods paid for by the Government, and shall not conduct any other business (commercial or personal) on Government owned or leased premises or use Government supplies, information, and equipment for any purpose other than performance of the Contract.

http://www.esrs.gov/ http://www.esrs.gov/documents/esrs_contractor_user_guide_1.7.pdf

C.1.3.3 Training The Contractor shall provide trained, experienced Project Personnel to perform the work required under the Contract, and shall continuously monitor, manage, and control the work performed by such individuals. The Contractor shall make its best effort to retain well-performing individuals who have gained work experience and performed well under the Contract and to minimize turnover of individuals performing the Contract.

The Contractor shall train Project Personnel and verify that all such individuals are able to perform their duties under each task/delivery order of the Contract satisfactorily. The Contractor shall provide Project Personnel that fully meet the qualifications required under each labor category pursuant to this PWS, and shall ensure that the Project Personnel’s training remains current with industry standards so they remain fully qualified to perform the work they are performing under the Contract. The Contractor shall bear the cost of ensuring that the Project Personnel meet the requirements under each labor category of the Contract. The Government will not reimburse the Contractor for the cost of any basic qualifying training of Project Personnel.

Prior to commencing work under this PWS, each Project Personnel shall have received all training required for the functions to be performed, and shall possess a level of knowledge necessary for safety and a reasonable degree of efficiency. Project Personnel shall obtain and maintain all certifications, inspections, and licenses necessary or appropriate to perform work contained in this PWS that is assigned to them. (See Section C.1.3.2.1 above.)

During the first 20 business days of the Transition/Phase-In Period, the Contractor shall develop and submit to the CO and COR an initial Training Roster and Training Program that demonstrates that all Project Personnel will be trained to at least the minimum standards required by the Government under the Contract before or during the Transition/Phase- In Period. (RDL 1.3-003) Upon request during subsequent performance periods, the Contractor shall furnish the COR with formal documentation of the training provided to Project Personnel, including testing tools for determining whether individual Project Personnel have achieved required competence levels.

In addition to job-specific or professional training, the Contractor shall ensure the Project Personnel performing work under the Contract are trained on "Contract-specific" issues such as Treasury ethics, standards of conduct, individual conflicts of interest, confidentiality requirements, security requirements, understanding of the function of reporting, and the importance of quality control and quality assurance. In addition, any Project Personnel that are managers shall be educated in the terms and conditions of the Contract. Except where specifically approved by the COR, the cost of training Project Personnel shall not be reimbursable by the Government.

C.1.3.4 Plans and Programs

C.1.3.4.1 Contractor’s Management Solution/Plan The Contractor shall develop and submit to the CO an updated version of the previously reviewed Management Solution/Plan previously submitted with its proposal. The updated Management Solution/Plan shall be submitted to the CO for concurrence no later than 40 business days after the start of the Transition/Phase-In Period. (RDL 1.3-004) The Management Solution/Plan shall cross reference and be consistent with the Contractor’s Subcontractor Management and Administration Program and Plan. The Contractor shall perform the Contract in accordance with the CO approved Management Solution/Plan.

The Contractor must obtain prior written approval by the CO for any changes to the

Management Solution/Plan. The Management Solution/Plan shall include summaries of Standard Operating Procedures (SOP) for each management and functional area covered under the Contract keyed to this PWS.

C.1.3.4.2 Contractor’s Subcontractor Management and Administration Plan The Contractor shall develop and submit to the CO a complete Contractor’s Subcontractor Management and Administration Plan consistent with the applicable narrative summary previously submitted with its proposal. Such Subcontractor Management and Administration Plan shall be submitted to the CO for concurrence no later than 20 business days after the start of the Transition/Phase-In Period. This Plan shall address in full the Contractor’s Subcontractor Management and Administration program. (RDL 1.3-005) The Contractor’s Subcontractor Management and Administration Plan shall include, but is not limited to, a list of all current subcontractors (at any tier) that is performing or is anticipated to perform work under the Contract; the Contractor’s process for ensuring competition in subcontracting; the tracking, completeness, and timeliness of subcontractor and vendor cost submissions; the Contractor’s internal cost data reviews and internal validation of cost data provided by subcontractors; the Contractor’s rejection and acceptance protocols for subcontractor and vendor invoices; and the Contractor’s pre-approval mechanisms for subcontractors incurring non-recurring or unique Contract costs.

The Contractor shall perform the Contract in accordance with the CO approved Subcontractor Management and Administration Plan. The Contractor must obtain prior written approval by the CO for any further changes to the overall Subcontractor Management and Administration Plan. The Contractor shall update the applicable sections and lists in the Subcontractor Management and Administration Plan whenever a major subcontractor is added3 and submit it to the CO and COR for approval not less than ten business days prior to the beginning of such subcontractor’s performance of any work under the Contract.

Furthermore, the Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the Contract, as required by FAR 52.244-5, which is incorporated by reference in Section I of the Contract. The Contractor shall not allow any subcontractor to begin performance of any work under this PWS prior to the CO granting consent in accordance with FAR 52.244-5.

C.1.3.4.3 Standard Operating Procedures The Contractor shall develop and submit to the CO complete Standard Operating Procedures (SOP) for each management and functional area covered under the Contract consistent with the applicable narrative summaries previously submitted with its proposal.

Such SOPs shall be finalized upon review and comment by the CO. The complete SOPs shall be submitted to the CO for concurrence no later than 20 business days after the start of the Transition/Phase-In Period. Each functional area SOP shall be identified by the applicable PWS paragraph. SOPs shall describe in detail the procedures for each area and cover such items as control of quality, work assignments, approval authorities, 3 For purposes of this paragraph, “major subcontractor” shall mean any subcontractor or consultant (at any tier) for which the estimated value of the subcontract or contractual agreement exceeds $100,000 over the remaining performance periods of the Contract.

workflow, functional relationships, and any other information needed to assure efficient and uniform performance. The Contractor shall perform the Contract in accordance with the CO approved SOPs. The Contractor must obtain prior approve by the CO, in writing, for any changes to such SOPs. The Contractor shall provide approved SOP revisions to all Contractor staff and to customers within ten business days of receipt of CO approval.

(RDL 1.3-006)

C.1.3.4.4 Contractor’s Maintenance Program The Contractor shall develop and submit to the CO and COR a plan for the performance of recurring daily, weekly, monthly, quarterly, semiannual, and annual (or more as needed) “operator” maintenance tasks for all assigned non-installed Government- furnished Property (GFP) and Government-furnished Equipment (GFE), and, in a separate section, for value preservation actions for the most common types of high value General Property in the inventory at this time. The Maintenance Program shall be submitted to the CO at least 20 business days prior to start of the Base Period. The General Property Items and GFE Maintenance Plan tasks and schedules for both seized or blocked General Property and conveyances, as well as Government-Furnished items, shall be coordinated with the Contractor’s proposed quality control inspection process, to ensure that the Contractor is verifying completion of proposed maintenance tasks in accordance with the plan and manufacturers’ preventive and breakdown maintenance requirements. The Maintenance Program shall denote seasonal work and special events work separately from recurring work, as well as list equipment inspections and minor preventive maintenance that can be accomplished on utility systems as part of the Contractor’s routine transportation, storage, records management, and disposition activities inspections. (RDL 1.3-007)

C.1.3.5 Contractor Interfaces C.1.3.5.1 Other Contractors Other contractors may be performing services related to, but not under, the Contract.

Examples include contractors who provide audit, quality assurance, information technology systems installation or repair, or other transportation for the Government. The Government will facilitate initial contact between contractors performing work on behalf of the Government under other contracts and the Contractor performing work under the Contract when coordination or contact between such parties is needed, but the Contractor shall provide all further required coordination with other contractors for any task specified in the Contract that relates to or affects any other contracted work.

All centralized storage facilities and a selected number of the Contractor’s local and specialty storage facilities operated under the Contract will be visited annually for an independent audit and then twice a year by the contracted Quality Assurance Evaluators (QAE) for a general inspection.

C.1.3.5.2 Support to Other Contractors The Contractor shall provide support services within the scope of the Contract to other contractors as required by the Government. In the four Southwest Border States (CA, AZ, NM, and TX) the Contractor shall coordinate with another Government-specified service provider for the pick-up of General Property taken out of CBP-seized low value (APV of $10,000 or less) vehicles. These low value vehicles seized by CBP in the four Southwest Border States are excluded from the Contract. Personal property (other than the vehicles themselves) that are seized from those vehicles are, however, within the scope of the Contract, for which the Contractor shall provide all services described in this

PWS just as if the items were seized by the IRS or Secret Service, or seized by CBP anywhere outside of the four border States. The Contractor shall work with the seizing agency’s DAR and the Government-specified service provider to arrange pick-up of such seized General Property from such vehicles. (See Section C.4 for details.)

C.1.4 PERFORMANCE

C.1.4.1 Performance Standards The Contractor shall ensure that all work performed under the Contract meets the specifications as (a) set forth in the Performance Requirements Summary (PRS) provided in Technical Exhibit 1.4-001 or (b) described herein.

C.1.4.2 Quality Assurance

C.1.4.2.1 Inspections by the Government The CO, COR, DARs, other Government personnel, and contracted QAEs may perform inspections or other procedures to evaluate the Contractor’s compliance with the Contract terms throughout any and all performance periods. Evaluation will be based on the Contractor’s compliance with the requirements as set forth herein or in the PRS (Technical Exhibit 1.4-001). Typical procedures that the Government may use include, but are not limited to, random sampling, planned sampling, incidental inspections, and validated customer complaints.

The COR is responsible for directing oversight inspections of the Contractor's operations and facilities operated directly or through subcontractors for compliance with the PWS and the Contractor's own operational procedures and handbooks. The Contractor will be notified telephonically prior to the inspection. The notification will include the following information:

• The names and title of the inspection official(s);

• The Contractor, subcontractors, and vendors facilities to be inspected; and

• The date of the visit.

The Contractor shall ensure that all Government persons involved in conducting an evaluation inspection, or those acting on the government’s behalf, present to the Contractor’s representative the following: (1) a Disposition Order signed by the CO, COR, or designated DAR of a participating seizing agency; and/or (2) valid picture identification.

(A sample Disposition Order is provided in as Technical Exhibit 4.5-001.) The Contractor shall ensure that all individuals involved with any such evaluation inspection sign-in on the appropriate access log for each facility visited.

C.1.4.2.1.1 Contract Discrepancy Reports (CDR). The Government will record surveillance inspections and issue a CDR when the Contractor’s performance is unsatisfactory as defined by the PRS. The Contractor shall reply in writing to the COR within ten business days from the date the CDR was received, giving the reasons for the unsatisfactory performance, corrective action(s) taken, and procedures to preclude recurrence. (RDL 1.4-001)

C.1.4.2.1.2 Participation in Government Quality Assurance. The Contractor shall participate in Government quality assurance programs and provide support to the Government’s quality assurance staff (e.g., data collection and inventories).Results of Oversight Inspection

C.1.4.2.2 The results of the Government’s oversight performance inspection of the Contractor’s operations will be provided by the CO to the Contractor within three business days after completion…