AWARD/CONTRACT 1. THIS CONTRACT IS A RATED RATING …€¦ · d/b/a robertson auto auction san...

19

BY

(Signature'of person authorized to sign)

PREVIOUS EDITION UNUSABLE

r pri 20A. NAME OF CONTRACTING OFFICER

STANDARD FORM 26 (REV. 4-85)Prescribed by GSA FAR (48 CFR) 53.214(a)

AWARD/CONTRACT1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 350)RATING PAGE OF PAGES

I

2. CONTRACT (Proc. Inst. Ident.) NO.HSBP1006D01275

3. EFFECTIVE DATE08/28/2006

4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

5. ISSUED BY CODE I 6. ADMINISTERED BY (If other than Item 5) CODE

Dept of Homeland SecurityCustoms & Border ProtectionOffice of Procurement - NP 13101300 Pennsylvania Ave. NWWashington DC 20229

Department of Homeland SecurityCustoms & Border Protection1300 Pennsylvania Ave NWNP 1310Washington 20229

7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, State & Zip Code)

ROD ROBERTSON ENTERPRISES INC

1802 NW MILITARY HWY STE 100D/B/A ROBERTSON AUTO AUCTIONSAN ANTONIO TX 78213-2422

DELIVERYn FOB ORIGIN X OTHER (See below)

DISCOUNT FOR PROMPT PAYMENT

10. SUBMIT INVOICES TO THEADDRESS SHOWN IN:

(4 copies unless otherwisespecified) 4

ITEM - SeeBlock 12.

CODE 010553279 I FACILITY CODE

11. SHIP TO/MARK FOR CODE I 12. PAYMENT WILL BE MADE BY CODE 170050800

DHS - Customs & Border ProtectionNational Finance Center

P.O. Box 68908Indianapolis IN 46268

See Attached Delivery Schedule

13. AUTHORITY FOR USING OTHER THAN FULL AND OPENCOMPETITION:

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253 (c) ( )

14. ACCOUNTING AND APPROPRIATION DATA

15A.ITEM NO.

15B.SUPPLIES/SERVICES

15C.QUANTITY _

15D.UNIT

15E.UNIT PRICE

15F.AMOUNT _

15G. TOTAL AMOUNT OF CONTRACT $0.0016. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) 'SEC.' DESCRIPTION I PAGE(S)PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I I I CONTRACT CLAUSES IB SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.C DESCRIPTION/SPECS./WORK STATEMENT J I LIST OF ATTACHMENTS ID PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONSE INSPECTION AND ACCEPTANCE

K REPRESENTATIONS, CERTIFICATIONS ANDOTHER STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORSH SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. Li CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor isrequired to sign this document and return copies to issuing office.)Contractor agrees to furnish and deliver all items or perform all the services setforth or otherwise identified above and on any continuation sheets for theconsideration stated herein. The rights and obligations of the parties to thiscontract shall be subject to and governed by the following documents: (a) thisaward/contract, (b) the solicitation, if any, and (c) such provisions,representations, certifications, and specifications, as are attached orincorporated by reference herein. (Attachments are listed herein.)

18. Li AWARD (Contractor is not required to sign this document.)Your offer on Solicitation Number HSBP1006R0644 including the additions or changes made by you which additions orchanges are set forth in full above, is hereby accepted as to the itemslisted above and on any continuation sheets. This award consummatesthe contract which consists of the following documents: (a) theGovernment's solicitation and your offer, and (b) this award/contract.No further contractual document is necessary.

(b) (6)(b) (6) (b) (6)

SECTION: B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF SUPPLIES/SERVICES

Total Estimated Contract Value:

Page: 2

(b) (4)

Part 1- The ScheduleSection B- Supplies/Service & Price/Costs

Consignment & Disposal services for U.S. Customs and Border Patrol along the southwest border.

Base YearCLIN 0001

BaseYear Code Description Quantity

UnitPrice

0001Pre-seizure Actvity, as required by the

0001 A SOW, Section C.10.1 eaTowing/Transportation as required by

0001 B the SOW, Section C.10.40001 B (3) 0 -50 miles ea0001 B (4) 51 - 100 miles ea0001 B (5) over 100 miles ea

0001 CConsignment, as requied by the SOW,Section C.10.2 eaReceipt and Transfer, as required by the

0001 D SOW, Section C.10.3 ea

0001 EStorage, as required by the SOW,Section C.10.5 mthVehicle Identification and Physical

0001 FAccountability, as required by the SOW,Section C.10.7 eaVehicle Maintenance, as required by the

0001 G SOW, Section C.10.9 ea

Vehicle Dispostion Procedure (Remit)0001 H as required by the SOW, Section C.11.2 ea

Vehicle Dispostion Procedure (Sale) as0001 I required by the SOW, Section C.11.6 ea

Vehicle Dispostion Procedure(Destruction/ Dismantle) , as required

0001 J by the SOW, Section C.11.1 eaSEACATS, as required by the SOW

0001 K Section, C.13 lotMonthly Managemnet Report, as

0001 L required by the SOW, Section C.20 ea

CLIN 0001

in Accordance with the SOW - Firm - Fixed p Lot NTE

(b) (4)

Part 1- The Sched,Section B- Supplies/Service & Price/Costs

Consignment & Disposal services for U.S. Customs and Border Patrol along the southwest bon)

Option Year 1CLIN 0002

OptionYear 1 Code Description Quantity

UnitPrice













0002 K Section, C.13 eaMonthly Managemnet Report, as


in Accordance with the SOW - Firm - Fixed price

(b) (4)



Consignment & Disposal services for U.S. Customs and Border Patrol along the southwest border.

OptionYear 2 Code Description Quantity

UnitPrice
















(b) (4)

Part 1- The SchedLSection B- Supplies/Service & Price/Costs


UnitCourse Code Description Quantity Price


0004 A SOW, Section C.10.1 ea

0004 BTowing/Transportation as required bythe SOW, Section C.10.4

0004 B (3) 0 -50 miles ea0004 B (4) 51 - 100 miles ea0004 B (5) over 100 miles ea













(b) (4)



UnitCourse Code Description Quantity Price


0005 A SOW, Section C.10.1 ea

0005 BTowing/Transportation as required bythe SOW, Section C.10.4

0005 B (3) 0 -50 miles ea0005 B (4) 51 - 100 miles ea0005 B (5) over 100 miles ea











0005 L required by the SOW, Section C.20 ea0000


(b) (4)

SECTION: C

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Statement of Work

C.1 Introduction

The purpose of this Statement of Work (SOW) is to acquire vehicle consignment and disposal services for U.S. Customs andBorder Protection (CBP). Such services shall be supplied for seized and forfeited vehicles valued at $10,000 and less asdirected by the Government, along the Southwest border of the United States (Texas, Arizona, New Mexico, and California).The services include pick-up of vehicles from designated seizure locations within State boundaries and disposal as directedby CBP.

C.2 Background

CBP is the unified border agency within the Department of Homeland Security (DHS), which was created on March 1, 2003.CBP combined the inspectional workforces and broad border authorities of U.S. Customs Service, U.S. Immigration andNaturalization Service, Animal and Plant Health Inspection Services and the U.S. Border Patrol.

Each year CBP seizes approximately 35,000 vehicles in the southwest region of the United States. Valued at $10, 000 andless and have very limited space to hold vehicles. Therefore, one of the critical requirements of this Contract is to facilitate theimmediate pick-up and disposal services associated with seized and forfeited vehicles.

C.3 Period of Performance

It is anticipated that the performance period shall be a base year with four (4) one year options.

C.4 Place of Performance

The Contractor shall provide the services required for vehicles seized by CBP in the state of California, Arizona, Texas, andNew Mexico. It is expected that the contractor shall perform in an efficient and effective manner, ensuring that allrequirements are performed as outlined in this SOW.

C.5 Operational Procedures

The Contractor shall only receive instruction from the CBP Contracting Officer (CO), Contracting Officer's TechnicalRepresentative (COTR), deputy COTRs, field COTRs, and any individuals specifically designated in writing by the COTRor CO.

C.6 Hours of Operation

The Contractor shall be available at all times to provide the services required under the contract.

C.7 Personnel Identification

The Contractor shall ensure that all contractor employees in support of this contract are issued a photo identification card.This identification must be made available to CBP upon request.

C.8 Correspondence

The Contractor shall respond in writing to all written communications received from the public regarding the contract. If theaddressee is not satisfied with the resolution by the Contractor, the Contractor shall provide the addressee with the CO's

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SECTION: C

name and address. Copies of all written communications with any CBP organization shall be kept on file to permit easyretrieval when requested by CBP.

C. 9 Contract Staffing

When employees are hired or terminated by the contractor CBP Field COTR shall be notified in writing of the change withinone working day from the date of hire and/or termination.

C.10 Seized Vehicle Management

CBP shall make the determination regarding management actions for seized and forfeited vehicles in the Contractor'scustody as outlined in this SOW.

C.10.1 Pre-Seizure Services

The Contractor may be asked by the CBP Field COTR to provide pre-seizure services for all vehicles. Such services mayinclude: (1) Towing to a different site; (2) Dropping and replacing gas tanks in vehicles; (3) Providing services to facilitateinspection to identify illegally built compartments; (4) Breakdown of tires; (5) Movement of conveyances to CBP x-ray facilitiesfor the purpose of detecting controlled substances (drugs and narcotics); and (6) transfer of vehicles to and from locations forinspection services. During the performance of these services the contractor shall be accompanied at all times by arepresentative from CBP.

The CBP operates 24 hours a day, however, designated COTR's/Field COTR"S are not available 24 hours, therefore certaintasking are delegated to personnel who will perform specific duties during after duty hours and holidays through the SOW.Therefore, after-duty hours and federal holidays pre-seizure tasking services for vehicles may be delegated to the position ofCBP Officers/Agents. The delegated CBP Officers/Agents shall telephone the Contractor to request pre-seizure services forvehicles. No other authority is implied and this delegation authority is strictly for pre-seizure services for vehicles duringnon-duty hours.

C. 10. 2 Consignment

CBP will consign seized and forfeited vehicles to the Contractor. At the point where the Contractor takes custody of theseized vehicle (s), the legal responsibility for proper safekeeping and movement of the vehicle (s) transfers to theContractor. The Contractor assumes sole responsibility for all vehicles from the time of pick-up until disposal.

The Contractor shall take custody of all vehicles seized at ports, sectors, and stations at the time, date, and locationdesignated by CBP. The CBP Field COTR shall contact the Contractor or its designated agent to request the pick-up ofvehicles, furnishing all information needed (i.e., vehicle description, make, model, color, license plate number, currentlocation). The Contractor shall take custody of the vehicles within 24 hours from the time and date notified by the CBP FieldCOTR, representative, or seizing officer.

During regular working hours, non-duty working hours and holidays Supervisory Border Patrol agents and/or their designeeshall telephone or send a facsimile to the Contractor or the designated agent to request pick-up of vehicles or pre-seizureactivities, furnishing all information needed to effect consignment. The Contractor shall pick up all seized vehicles with orwithout SEACATS/Case numbers. The Contractor shall coordinate with CBP Field COTR in order to obtain the SEACATSseizure number if it is not provided within 36 hours after pick-up of the seizure. The Contractor will be provided with adescription of the vehicle(s) and its information of its location before transporting the vehicle to the Contractor storage facility.

When effecting consignment to the Contractor, the Contractor may be tasked to make routine pick-ups at high-volume Portsof Entry (POE) and BP Station(s) without being called for individual vehicle pick-up. These location are, but not limited to; (1)San Diego, CA; El Centro, CA; Deming, NM; Tucson, Nogales, AZ; and El Paso, McAllen, Laredo TX.

When effecting consignment for pick-ups at checkpoints, roadside and/or remote sites, the contractor shall arrive at the pointof seizure within 1.5 hours after confirmed notification.

During non-duty hours (after-duty hours and holidays) when there is a hazardous emergency situation or when there is lackof storage capacity at the Port, consignment of vehicles may be specifically delegated to a CBP law enforcement official (s).

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SECTION: C

The delegated CBP official shall then telephone the Contractor to request pick-up of seized vehicles. No other authority isimplied and this delegation authority is strictly for the consignment of vehicles during non-duty hours.

C. 10. 3 Receipt and Transfer

When affecting custody transfer, CBP will complete the following documents:

CBP Form 6051, Custody Receipt for Seized Property.

CBP Form 58, VehicleNessel/Aircraft Inventory and Receipt, (CBP document used to record data,including description and condition of vehicles and installed equipment).

Vehicle Inspection Worksheet (VIW), used to document accomplished mandatory screeningrequirements of seized vehicles.

CBP will provide these documents, when transferring seized and forfeited vehicles to the Contractor.

The Contractor shall pick up all seized vehicle(s) with or without a SEACATS/Case numbers. However, the Contractor shallcoordinate with CBP Field COTR to obtain the SEACATS seizure number if it is not provided within 36 hours after vehiclepick-up.

Upon receipt of the seized vehicle, the contractor shall inspect and inventory the seized vehicle and report discrepanciesimmediately to the CBP Field COTR.

The Contractor shall not add anything or write on the chain of custody document CBP Form 6051 except to: (1) add signatureand quantity on the signature line; or (2) to identify discrepancies.

A properly completed and executed CBP Form 58 inventory form is required for all vehicles transferred to the custody of theContractor. The Contractor shall verify the CBP Form 58 and note any discrepancies.

A properly completed and executed VIW Form is required for all vehicles transferred to the custody of the Contractor. TheContractor will provide the complete and executed VIW for all vehicles to the CBP Field COTR. For those vehicles requiringa final canine re-screening, the Contractor will hold the VIW Form until CBP completes and documents the final re-screeningon the VIW Form before forwarding to the CBP Field COTR.

The Contractor will provide a copy of Forms CBP 6051, CBP 58, and original VIW Form to CBP Field COTR within twoworking days of receipt of the vehicle. If the descriptions, quantity, presence of an APV, are absent from the CBP 6051, theContractor shall submit a cover sheet identifying the discrepancy(s). The Contractor shall keep the original CBP Form 6051and CBP Form 58.

C.10. 4 Transportation

The Contractor shall as directed by the CBP Field COTR, or other designated CBP representatives arrange for safe, secure,and cost-effective transportation for all seized and forfeited vehicles from point of acceptance to the contractor's storagefacility. The use of seized vehicles for personal use is strictly prohibited. The contractor shall not drive seized/forfeitedvehicles except to move within the storage facility. The contractor shall pick-up all roadside vehicles and shall perform allstation tows as agreed upon between the contractor and CBP.

C. 10. 5 Storage Guidelines

Vehicles shall be parked at the storage facility in an orderly manner so that they can be readily located and easily accessed.The Contractor shall ensure that vehicles are stored to preclude any deterioration of the vehicle (s), so that the overallcondition of the vehicle is maintained as it was at the time of acceptance.

The Contractor shall implement security measures to prevent unauthorized entrance, vandalism, pilferage, larceny, sabotage,fire and other risk handling measures.

Page: 6

SECTION: C

The CBP Field COTR shall approve any movement of vehicle from its current physical location. The Contractor shall provideCBP Form 6051, which shows the new location of the property and/or related forms to the CBP Field COTR within fiveworking days of the relocation. The Contractor or its designated agent may contact the CBP representative to confirm detailsof the proposed transfer.

C.10.6 Pringle Seized Vehicle Facility (PSVF)

The primary storage facility for vehicles seized in San Diego County shall be the PSVF located at 9020 Airway Road, SanDiego, California 92154. PSVF is leased by CBP and consist of 3,820 square feet useable office space and 31 acres of landwhere approximately 5,500 vehicles may be stored. Offerors shall propose in detail how they will operate and maintain thePSVF. The PSVF is a government facility and the facility's day-to-day operations and security are the responsibility of theon-site CBP Seized Property Specialist. Vehicles seized in Imperial County, and east to include (Andrade) may be stored in acost effective storage facility in the Calexico area.The Contractor shall use and maintain the furnished Government's stand-alone bar coding system for the purpose ofmaintaining an accurate seized vehicle inventory at the PSVF. An inventory of equipment that will be available for use by thecontractor will be provided by the government for this facility only. The government retains ownership of that equipment aspart operations of the facility. There is no additional government furnished equipment associated with this contract.

C. 10. 7 Vehicle Identification and Physical Accountability

All vehicles shall be marked with the assigned CBP SEACATS vehicle number. The Contractor shall place a label containingrequired information on vehicles in a conspicuous location, such as on the window to prevent deterioration by the elements.The label and information on the label must be weather resistant and may be computer generated, hand written or otherwisegenerated in a manner that will not fade or disappear regardless of weather, temperature or exposure to other conditions.The Contractor shall establish and maintain a file for seized and forfeited vehicles in its custody by seizure number. The fileshall include the vehicle inspection reports, and records related to the receipt, transfer, condition, storage, and disposal of thevehicle. The Contractor shall provide copies of documents to authorized CBP officials upon request.

C. 10. 8 Access to Vehicles

The Contractor shall control access to all seized and forfeited vehicles stored under this contract, to include Contractor andauthorized employees; government Contracting Officer (CO) and designee; COTRs/DCOTR; Field COTRs and otherpre-designated CBP personnel, and those individuals who present a disposition order CBP Form 7605 signed by anapproved CBP official. The Contractor shall maintain a log to record the date and time of individuals that enter and exit thestorage facility. Persons will be required to show identification and disposition order. Logs shall be available for review.

C.10.9 Vehicle Maintenance

The Contractor shall maintain and preserve vehicles as needed to ensure that such vehicle retain their overall condition fromthe time of acceptance until disposition, and shall clean, remove all trash, and secure vehicles at the time of storage. Nomaintenance or repairs will be performed without approval from the CBP Field COTR. Should any items of significant valuebe found by the contractor when removing trash from a vehicle, the item should be immediately secured and notificationgiven to the Field COTR responsible for the property.

C. 10.10 Discovery of Illegal Substance

The U.S. Government conducts comprehensive inspections of all seized and forfeited vehicles for illegal controlledsubstances and/or other contraband. Some vehicles may contain hidden compartments that may contain the controlledsubstances and/or contraband. If any such illegal controlled substances and/or contraband are discovered during themanagement of seized and forfeited vehicle (s), the Contractor shall secure the vehicle and immediately contact CBP FieldCOTR. If the Contractor locates a hidden compartment, whether or not it contains controlled substances and/or contraband,the Contractor shall secure the vehicle and immediately contact CBP Field COTR.

C. 11 Vehicle Disposition Procedures

Page: 7

SECTION: C

The Field COTR via the disposition order CBP Form 7605, for seized and forfeited vehicles may be: (1) Remit; (2) Retentionby agency for official use; (3) Transfer to another Federal, state, or local agency; (4) Donated; (5) Sold: and (6) Dismantlingand destruction.

No vehicle will be remitted, retained, transferred, donated or sold without a final canine screening. This will beaccomplished via a Disposition Order (CBP Form 7605) from the field COTR. The contractor will provide the executedCF Form 7605 and original VIW to CBP within five (5) days after disposition services have been completed.Exception: For vehicles valued less than $2,500 being sold to licensed salvage dealers, scrap dealers, recycler, anddismantlers no final canine screening is required.

The Primary method of disposal of vehicles valued at $2,501 or more is by sale at auction. These sales will be open to thegeneral public.

The primary method of disposal for vehicles valued at $2500 or less is to sell the vehicles to licensed salvage dealers, scrapdealers, recyclers, and dismantlers (these businesses must be licensed as such by the state in which they operate and thevehicles must be destroyed in accordance with all state requirements). All businesses qualifying for these sales must be ingood standing with the state in which they operate and their licenses cannot be suspended, in the process be revoked orunder other disciplinary business actions by the state regulatory agency or board.

The Contractor shall ensure that the seized vehicle being disposed of is the same vehicle described on the Disposition Order,CBP Form 7605. The Contractor shall ensure that the disposition is carried out in the manner specified in the dispositionorder. The Contractor shall maintain records of all dispositions. The Contractor shall return the original executed dispositionorder, the original CBP 6051,and other applicable documents to the CBP Field COTR within five days after dispositionservices have been completed.

C.11.1 Vehicle Dismantling/Destruction

The Contractor shall destroyer dispose of scrap/salvage-seized vehicles according to all Federal, State and local laws, codes,ordinances, regulations, and current industry practices regarding vehicle dismantling. The Contractor shall prepare andsubmit to the appropriate official's all applicable paperwork as required by the individual States. The Contractor shall ensurecompliance with the environmental quality standards regulations of the federal government as well as applicable state andlocal regulations in each community where seized and forfeited vehicles are maintained and destroyed. This includes, but isnot limited to compliance with the laws, codes, regulations, and ordinances issued by the following: the EnvironmentalProtection Agency (EPA); the State and local Environmental Agencies; and the Occupational Safety and HealthAdministration (OSHA). The Contractor shall ensure that all Contractor employees have been trained on (or are familiar with)all local, federal and state permits, required codes, orders, laws, ordinances and regulation applicable for the destruction anddisposal of vehicles. CBP may request proof of training during oversight inspections. The Contractor must possess allrequired permits, bonds, and licenses required to do business. The Contractor shall provide copies of these licenses to theCO or COTR upon request.

The Contractor shall complete the destruction and salvage process of seized and forfeited vehicles as soon as possible, butnot later than twenty (20) calendar days after receipt of a signed disposition order from CBP.

The Contractor shall pull, crush, shred, and certify the destruction of the vehicle.Contractor responsibilities for vehicle destruction include:

Verify the destruction and disposal of the vehicle by: (1) witnessing the destruction; and (2) documenting the destruction;(notification should also be given to the CBP Office requesting the destruction for viewing by government personnel).Contractor responsibilities for salvage/scrapping of vehicle include:

Remove and dispose of all license plates in accordance with the individual state laws and regulations;

Ensure that the Standard Form 97 "United States Government Certificate to Obtain Title to a vehicle" is not issuedfor any vehicle valued at $2,500 or less that is sold to licensed salvage dealers, scrap dealers, recyclers, and dismantlers. All

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SECTION: C

vehicles sold to these licensed businesses will be issued a bill of sale only. The bill of sale will indicate the followingterms "Vehicle sold for scrap/parts only. Government does not convey title for vehicle resale".

c. Licensed salvage dealers, scrap dealers, recyclers, and dismantlers have a responsibility to immediately notify CBPField COTR if any illegal controlled substances and/or contraband are discovered in seized and forfeited vehicle (s)purchased from CBP. The Contractor shall secure the vehicle (s) and immediately contact CBP Field COTR. If the licensedsalvage dealers, scarp dealers, recyclers, and dismantlers locates a hidden compartment, whether or not it containscontrolled substances and/or contraband, they shall secure the vehicle (s) and immediately contact the CBP Field COTR.

C.11.2 Remitted to OwnerNiolator

The Contractor shall remit vehicles to the party designated by the Field COTR on a Disposition Order Form 7605. Thecontractor's responsibility shall include, but is not limited to, the following:

The Contractor shall:

Notify the designated owner in writing, or respond to telephonic inquiries from the designatedparty, regarding the amount due, and the date by which the property must be retrieved.

Verify that the seizure(s) number and VIN match the VIN and seizure numbers on the release documents.

Verify identity of person (s) receiving property as that on the Disposition Order.

Obtain total payment for all Contractor costs prior to release.

Obtain signature of individual receiving the vehicle on the release documents, CBP Form 6051.

May be asked by the CBP Field COTR to obtain a signed and notarized Hold HarmlessRelease Agreement from the person receiving the property as stated on the Disposition Order.

C.11.3 Retention by CBP

The Contractor shall release seized vehicles to the agency organization designated on the disposition order by the CBP. TheContractor shall obtain the signature on the CBP Form 6051, of the official from the organization receiving the property.These documents shall be returned to the CBP Field COTR within five days.

C.11.4 Transfer to Other Federal, State or Local Agencies

The Contractor shall release seized vehicles to other Federal, State, or local agencies designated in writing by CBP. TheContractor shall collect from the recipient agency all associated costs, including holding costs (direct costs of transportation,storage, security, maintenance, and other miscellaneous charges attributable to the particular vehicle seizure).

C.11. 5 Donations

The Contractor shall donate vehicles designated by the Field COTR as detailed in the Disposition Order, CBP Form 7605.

C.11.6 Sales and Marketing

The Contractor shall be provided with a disposition order (CBP Form 7605), signed by the Field COTR, for vehiclesdesignated for sale. The Contractor shall arrange and conduct the sale of vehicles upon receipt of instructions from the FieldCOTR. The sale of vehicles will be in accordance with provisions of 19 U.S.C. 1581, et. seq. All sales must comply with theprovisions of 19 CFR Part 162 ("Inspection, Search and Seizure"), and with the CBP Instructions, Terms, and Conditions (ITC)booklet for the Sale of Vehicles developed after award of the contract. The Contractor shall use SEACATS to accommodatethe recording, accounting, and reporting of the applicable requirements and elements of information listed in the Partsidentified above.

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SECTION: C

C.11.6.1 Planning and Scheduling

The Contractor shall plan for sales on a continuing basis. All salvage vehicles with a disposition for sale must be prepared forsale within 20 days, for vehicle sales to the general public the contractor will develop a sales plan/schedule that provides thebest value to the government. The Contractor shall notify CBP Field COTR when the sale is planned.

C.11.6.2 Methods

If the Contractor elects to subcontract with an auction firm, the Contractor may not guarantee the auction firm a minimumincome. In addition, a buyer's fee, processing fee, an admission fee, or any other charges or fees will not be allowed. Thecontractor may dispose of vehicles valued at $2,500 or less by sale licensed salvage dealers, scrap dealers, recyclers, anddismantlers. The contractor may dispose of vehicles valued at $2,500 or more to the general public.

C.11.6.3 Advertising

The Contractor shall publicly advertise the sale of vehicle in order to generate maximum competition. The Contractor mayalso post on government-designated websites.

C.11.6.4 Preparation

The "Terms and Conditions of Sale" will be prepared by CBP and provided to the Contractor upon award, but the Contractoris expected to print and distribute the Terms and Conditions of Sales with the other sales information and catalogs. TheContractor's sale notices shall contain necessary identifying information to minimize the incidence of any refunds. Anyrequests for refund packages will provide all necessary information to be approved by the CO, COTR and paid by theNational Finance Center (NFC).

C.11.6.5 Inspection and Viewing of Vehicles

The Contractor shall allow the opportunity for public viewing to all prospective bidders to inspect vehicles designated for sale,prior to the scheduled sale. Security shall be the responsibility of the Contractor on both viewing and auction days.

C.11.6.6 Conduct of Sale

Each Field COTR shall be provided with the name and telephone number of the Contractor's point-of-contact,should the CBP Field COTR withdraw disposition orders (CBP Form 7605) for selling vehicles prior to the sale.

C.11.6.7 Transfer of Items to Purchaser

Upon receipt of the total amount of the purchase price, the Contractor shall provide to the purchaser a Notice of Award andreceipt for each purchase. The Contractor shall prepare the formal transfer documents for all vehicles sold to the public andforward the documents to the Field COTR for approval.

The formal transfer documents are as follows:

Vehicle titles will be transferred on a Standard Form (SF) 97 for all vehicles sold for domestic use.For those vehicles that cannot be sold domestically, the Contractor shall stamp the SF 97 "Export

Only" to preclude erroneous registration issued by state motor vehicle departments.

For Export Only sold vehicles, the Contractor shall ensure that the receiving party has a dulyauthorized CBP Form 7512, Transportation Entry and Manifests of Goods Subject to U.S. Customs andBorder Protection Inspection and Permit.

C.11.6.8 Notification of Sold Vehicles

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SECTION: C

The Contractor shall send the original authenticated disposition order (CBP Form 7605), the official chain of custodydocument (CBP Form 6051), and official exportation documents (CBP Form 7512), when applicable, within (10) ten workingdays to the CBP Field COTR, after the vehicle has been turned over to the buyer.

C.11.6.9 Buyer Default

The Contractor shall notify the Field COTR if vehicle is not picked up within the time period specified by the terms andconditions of the sale, or if certain conditions for release are not met, e.g. no CBP Form 7512 is submitted for "Export Only"vehicles. Bid deposit shall be forfeited in such cases.

C.12 Risk Management

Risk management is the act or practice of identifying and minimizing risk. It includes planning for risk, assessing risk areas,developing risk-handling options, monitoring risks to determine how risks have changed, and documenting the overall riskmanagement program. The Contractor shall develop and maintain a risk management program to protect seized andforfeited vehicles. The Contractor shall submit to the CO or COTR a copy of the Contractor's risk management program andshall provide to CBP Field COTR on demand, certification that Contractor employees have been familiarized with theprogram.

The contractor shall by close of business the following business day, notify the COTR, and Field COTR, by electronic means,of any loss, theft, destruction and/or damage to any seized and/or forfeited vehicle while in the contractor's custody. Thereport shall contain the seizure number; a narrative of the incident; and the value of the loss

C.13 Contractor Responsibilities Related to the SEACATS

The government will provide access to SEACATS, the designated system of record. In order for government to determinethe types of SEACATS connectivity, and the associated hardware and software required, the Contractor shall propose thequantity of information technology equipment needed to support SEACATS at each location proposed.

C.13.1 Access to CBP Automated Systems

All Contractor employees requiring access to CBP SEACATS must successfully pass a CBP personal backgroundinvestigation prior to gaining access to the systems. A minimum of 90 days is required to conduct CBP personal backgroundinvestigations. Upon contract award the contractor will be provided with background investigation security packages. TheContractor shall provide the COTR with completed security packages for each employee needing access to SEACATSwithin10 calendar days after the award of the contract.

During the term of the contract, the Contractor shall provide information on new employees working on this Contract at least90 days prior to the date such access is required.

The Contractor shall also provide a listing of employees whose access to SEACATS will terminate and on what date thetermination will occur and the names of the replacement employees.

SEACATS is not web based, access is controlled by user name and password. Users must pass a background investigation.

.13.2 Contractor Responsibilities

The Contractor shall perform the following functions related to SEACATS:

a. Provide equipment (1) PC w/Pentium 200mhz or higher, 1 Gig RAM 2) Windows 2000 or higher (3) Capability toconnect to CBP's Intranet (Dial-up, DSL, or Cable), personnel, facility/space, power, operating environmental, controls, andoperator(s), as needed to meet the requirements of the contract. In addition, the contractor shall provide for a communicationline (usually a T-3 line).

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SECTION: C

b. Upon experiencing and/or identifying a system problem, the contractor shall immediately call the appropriateInformation System help desk and report the problem(s). The help desk will provide a work order ticket number. Dependingon the seriousness of the problem, i.e., cannot gain access to the system, no dial up, a written impact statement shall beprovided to the CO and COTR. The impact statement shall identify how the problem will affect users, and provide anyalternative solutions proposed to meet contract requirements.

C.13.3 Data Entry Responsibilities

The Contractor shall be responsible for data input, updates, and maintenance of the information specified within the PropertyContractor Transaction User Guide for the SEACATS. The Contractor shall enter all information within two working days fromthe date that the action was completed, except the sale of vehicles. Data entry for sold vehicles shall be entered within 5working days from date of the release of the vehicle.

C.14 Appraisal (APV) and Fair Market Values (FMV)

The APV of seized and forfeited vehicles is the responsibility of CBP. The seizing officers will enter the APV for each lineitem on the CBP 6051.The FMV is defined as the value of vehicle in a given market at which both buyers and sellers arewilling to do business.

The Contractor shall determine the FMV of conveyances by using the most recent editions of wholesale value publicationssuch as: the NADA Official Used Car Guide; The Contractor shall adjust the FMV of seized vehicles annually or prior to sale,as needed. Once CBP issues the disposition order, Form 7605, and the contractor subsequently completes the pre-saleFMV, and the FMV falls below $2,500 the contractor shall contact the CBP Field COTR and request further dispositioninstructions The Contractor shall maintain documentation to support the basis for the assigned FMV.

C.15 Accounting and Finance

C.15.1. Financing and Accounting System

The Contractor's shall propose it's own financing/accounting system, and auctioneering/cashiering system. The proposedsystems shall provide the information necessary to track all costs and meet audit requirements, comply with cost accountingstandards and shall be used to record and report all aspects of the vehicle management and sales information. Thegovernment must approve any automated systems proposed for cashiering and auctioneering.

The Contractor shall adhere to the standards, criteria, and regulatory requirements for accounting and financing, mandatedby CBP. The Contractor shall only receive funds and other types of payment from the authorized sources identified in thiscontract.

C.15.2 Accounting Requirements

The Contractor's system for meeting accounting and various other requirements of this contract shall be approved by theCOTR and CO prior to use on the contract. The Contractor must ensure that the system meets all government requirementsfor an automated accounting system. This includes having a system that identifies all revenue and expenses including directand indirect costs to the individual line item. Additionally, the system must provide all the information necessary for CBP tomeet their financial reporting requirements.

C. 15. 3 Accepting Payment

Payment received by the Contractor on behalf of the Government for all sales will be in the form of cash, cashier's checks, orGovernment approved credit or charge card. When remission is greater than $500, payment must be made by cash,cashier's check, or certified check. When the remission charge is $500 or less, payment can be made by cash, cashier'scheck, certified check, traveler's check or money order. Subscriptions for auction sales information payments are to be in theform of any check or money order including personal checks. Wire transfers from buyers made directly to a bank account ofthe Contractor are an acceptable payment method for any type of transaction. The wire must reference the sale number. In

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SECTION: C

all cases, the monies must be in U.S. dollars. The Contractor shall forward all proceeds of sales to the National FinanceCenter according to the procedures set forth in C.14.7.

C.15.4 Terms of Payment

The terms, conditions, and methods of accepting payment from sources, to which the Contractor shall adhere, are as follows:

Total purchases less than $5,000 for the sale: Require payment in full on the day of the sale.

Total purchases greater than $5,000 - Require a minimum deposit of $5,000 on the day of the sale.

Full and final payment is due by close of business (of the sales center) the next working day after the sale. The Contractorcan extend collections to the second working day after the sale when deemed necessary.

The final day of collection will be considered the date of collection for reporting purposes for sales revenue.

C.15. 5 Documenting Sales.

The Contractor shall follow the requirements in the Schedule for Delivery of Sales Reports for seized property and as outlinedbelow:

SEIZED PROPERTY SALES REPORTS

For submission to the National Finance Center (NFC):

Report Due Date

Summary Report of Sales to Date

Schedule of Sales for RemainderFiscal Year of each month

Credit Card Reconciliation Report

Sales Closeout Package (Listingof items sold, buyers invoices,deposit slips for total (sale)

Complete Sale Package (SaleReport with revenue and costs)

C.15.6 Relinquished Sale Deposits

10th calendar day of each month

10th calendar day of each month of

30 calendar days after sale



The Government retains the deposit when the successful bidder advises in writing that the remaining balance due will not bepaid within the time limit specified in the sale terms and conditions, or when the time limit expires without payment.

The Contractor shall transfer retained deposits to NFC, along with reports of why the deposit was retained and identifying thesale number within five days from the date of sale.

C.15.7 Transfer of Funds to the U.S. Treasury Department

C.15.7.1 Transfer of Sale Revenue

Revenue received by the Contractor from all sales shall be deposited directly into the Treasury General Account or wiretransferred to the Treasury General Account. All sales revenues in the form of cash and cashier's checks received at auctionsites are to be transported via armored vehicle within one business day of the sale, and through the last day of collection as

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SECTION: C

necessary, to a designated local commercial bank, which maintains Treasury General Accounts. A SF215B (deposit slip) willbe prepared and must accompany this deposit.

For these deposits, a memorandum shall be sent via fax (Deposit Transmittal) to the NFC no later than five business daysfrom the final date of sale collection (e.g. last transfer date). The memorandum must include the following information:

Contractor point-of-contactCopy of Deposit Tickets (SF 215B)

c. Deposits itemized by sale number

All funds not directly deposited in a Treasury General Account shall to be wire-transferred to the Treasury General Accountwithin five working days after the last date of collection. The wire transfer shall include the sale number and Contractor pointof contact for each amount transferred.The individual transfer amounts, when added together, must equal the total deposit for the sale. The Contractor shall providean explanation for any differences in the amounts.

The Contracting Officer shall be notified on any unusual and special circumstances that would affect compliance with theseprocedures.

C.15.7.2 Transfer of Non-Sale Revenue

All funds received by the Contractor for non-sale revenue shall be wire transferred to the Treasury General Account withinfive working days after collection. All wire-transfers must uniquely identify the type of revenue. All wire transfers are to bemade in accordance with procedures established by Treasury Financial Manual (TFM) for Guidance of Departments andAgencies, Volume1, Chapter 2500, Treasury Financial Communications System Payments (TFCSP). The SEACATS numberfor each of these collections shall be provided in the Monthly Cash Transfer Report.

C.15.7.3 Monthly Cash Transfer Report

The Contractor shall deliver to the NFC, by the close of business on the tenth day of the following month, a Monthly CashTransfer Report reconciling the revenues, deposits, and transfers for the previous month. There must be a separate report,broken down by revenue type. Sale collections shall include sale number, sale date, date of collection, date of deposit, dateof transfer and transfer reference. Non-sale collections shall include seizure number, collection date, date of deposit, date oftransfer and transfer reference.

The Contractor shall provide to the NFC, copies of monthly bank statements from each bank that is used to deposit monies.The statements for the first 9 months of the fiscal year shall be forwarded annually to NFC by July 15 and for the remainder ofthe fiscal year shall be forwarded to NFC by October 8

C.16 Auditing

CBP, other Federal agencies, and independent private auditors may perform detailed financial and accounting reviews ofContractor and subcontractor records for accuracy, completeness, fraud, waste, abuse, and conformance with FederalAcquisition Regulation (FAR) and Cost Accounting requirements.

The Contractor shall at all times make available all property management financial and accounting records pertaining to thiscontract for audit as directed by the CO. The Contractor shall cooperate fully with any audit or inquiry into its operational,financial and accounting practices, policies, procedures, and records.

C.16. 1 Government Auditing and Inspections

Offices within CBP, including the Office of Management Inspection and Integrity Assurance, Internal Inspections Division aswell Office of the Inspector General (OIG) and Defense Contractor Audit Agency (DCAA) or firms authorized by the TreasuryForfeiture Fund reserve the right to review the Contractor's records of seized and forfeited vehicles. Their right to entersubcontractor's premises will be established by a letter from the CO along with the notice of audit and/or inspection

C.16.2 Oversight Inspections

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SECTION: C

The COTR and the field COTR are responsible for overseeing day-to-day activities of the Contractor's operations. The CBPCOTRs/Field COTRs and/or Government designees may perform oversight and random inspections. A Contractor'srepresentative may accompany CBP personnel on these oversight inspections.

C.16.3 Results of Oversight Inspection

The contractor shall cure deficiencies identified in the results of the oversight inspections within 30 days or as approved bythe COTR or CO.

C.17 Government Inventory

The Chief Financial Officer's (CFO) Act of 1990 requires the preparation of annual audited financial statements. As part ofthis audit, CBP is mandated to conduct a 100% annual reconciliation inventory ("100 % Physical Inventory") of seizedvehicles in the custody of the Contractor.

In conjunction with both the Department of Homeland Security and Treasury Office of Inspector General, the Government willcontract for the services of an Independent Public Accountant (IPA) to perform the audit of the annual financial statementswhich will include tests of Contractor records. The IPA firm may, as part of the annual financial statement audit, visit theContractor's site and/or the site of any subcontractor associated with the contract.

The financial statement auditor will oversee the inventory process at selected sites each year as part of the testing process.The "100 % Physical Inventory" will be performed by the Contractor, including both the actual count and the verification. Theright of the financial statement auditor to enter the Contractor, subcontractor, and vendor premises will be established by aletter from the CO, along with a notice of the annual reconciliation inventory of property. The Contractor will provide writtenprocedures to be followed during the annual 100% Physical Inventory."These procedures will be provided in advance to theauditor for review and approval.

C.18 Transition Plan

When the contract ends or is terminated, the Contractor shall transfer to CBP or the successor contractor all documentation,records, files, property, or other property provided by the government. The transition plan shall be prepared based on atasking request from the COTR.

C.19 Deliverable DataThe Contractor shall provide all required deliverables as required by the SOW.

C.20 Monthly Management Reports

The Contractor shall submit to the COTR by the sixteenth of each calendar month an information management report ofevents from the previous month that will or are likely to impact the operation of the contract. The summary of events shallinclude: property management; property disposition; sales and marketing; risk management; quality control and audits; andany other significant information that impact on the Contractor's performance of the SOW requirements.

[END OF SECTION C]

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SECTION: D

SECTION D

PACKAGING AND MARKING

D.1 PACKAGING, PACKING AND MARKING (MAR 2003)

Material shall be packaged, packed and marked for shipment in such a manner that will insure acceptance bycommon carriers and safe delivery at destination.

Packages shall be clearly identified on the outer wrapping with the contract number and delivery/task order number,if applicable.

[End of Clause]

[END OF SECTION D]

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SECTION: E

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were givenin full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause maybe accessed electronically at this/these address(es):

http://www.acqnet.gov

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

52.246-4

AUG 1996 INSPECTION OF SERVICES —FIXED-PRICE

[End of By-Reference Clauses]

NOTICE: No Full Text Clauses included in Section E of this Document

[END OF SECTION E]

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SECTION: F

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)


http://www.acqnet.gov

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

52.242-15 AUG 1989 STOP-WORK ORDER52.242-17 APR 1984 GOVERNMENT DELAY OF WORK


F.2 PERIOD OF PERFORMANCE (MAR 2003)

The period of performance of this contract shall be from Date of award through July 30, 2011.

[End of Clause]

F.3 TERM OF CONTRACT WITH OPTION(S) (MAR 2003)

The contract term shall be for a period of one year from the date of award, subject to the Government's option toextend the term of the contract in accordance with the clause entitled, "Option to Extend the Term of the Contract"FAR 52.217-9 contained herein.

[End of Clause]

F.4 TASK ORDERS PERFORMANCE PERIOD AND PRICING

Task Orders (TO's) may be issued at any time during the base period and/or option periods. The performance period willbe specified in the TO. The rates in the TO are fixed priced and will mirror the rates submitted with proposals in responseto this solicitation.

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SECTION: F

F.5 PLACE OF PERFORMANCE -- CONTRACTOR SITE (MAR 2003)

The Contractor shall perform all work under this contract at its facility(ies) listed below:

ArizonaCaliforniaNew MexicoTexas

[End of Clause]

[END OF SECTION F]

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SECTION: G

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

The Contracting Officer may designate Government personnel to act as the Contracting Officer's TechnicalRepresentative (COTR) to perform functions under the contract such as review or inspection and acceptance ofsupplies, services, including construction, and other functions of a technical nature. The Contracting Officer willprovide a written notice of such designation to the Contractor within five working days after contract award or forconstruction, not less than five working days prior to giving the Contractor the notice to proceed. Thedesignation letter will set forth the authorities and limitations of the COTR under the contract.

The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such ascontracts, contract modifications, etc., that require the signature of the Contracting Officer.

[End of Clause]

G.2 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract.In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer,

the changes will be considered to have been made without authority and no adjustment will be made in the contractprice to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individualauthorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or conditionof the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costchargeable to the proposed contract can be incurred before receipt of a fully executed contract or specificauthorization from the Contracting Officer.

[End of Clause]

G.3 TASK ORDER PROCEDURES

The Government will order any services to be furnished under this contract by issuing Task Orders on Optional Form 347,or an agency prescribed form, from the effective date of the contract through the expiration date of this contract.

G.4 SUBCONTRACTS/CONSULTANT ARRANGEMENTS (MAR 2003)

During the term of this contract, the Contractor shall obtain prior written authorization from the Contracting Officerfor any additions, deletions or changes in subcontract/consultant arrangement entered into for the purpose ofperforming this contract effort. The Contractor shall furnish the Contracting Officer with the following specified itemsof information for any subcontract/consultant arrangement proposed subsequent to contract award.

Company name of each subcontractor, or the individual name in the case of independent consultants;

Names of each subcontractor corporate officers;

Name of each subcontractor's key personnel for this contract effort, including each individual's level ofeffort; and

Scope of work to be performed by each subcontractor/consultant.

The provisions of this clause do not preclude any requirements regarding subcontracts that may be set forthelsewhere in this solicitation/ contract.

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SECTION: G

Questions regarding this requirement shall be directed to the Contracting Officer.

[End of Clause]

G.5 SUBMISSION OF INVOICES

One original and one (1) copy of the invoice/voucher document shall be submitted to:

The National Finance CenterP.O. Box 68908Indianapolis, IN 46268

Contracting Officers Technical Representative (the designated agency office) with a copy to the Contracting Officer/Contract Administrator.

[End of Clause]

[END OF SECTION G]

Page: 21

SECTION: H

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independentlyowned and operated, not dominant in the field of operation in which it is bidding on Government contracts, andqualified as a small business under the size standards in this solicitation.

General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are notsmall business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing thecontract, only end items manufactured or produced by small business concerns in the United States or itsoutlying areas. If this procurement is processed under simplified acquisition procedures and the total amount ofthis contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm.This paragraph does not apply to construction or service contracts.

[End of Clause]

H.2 KEY PERSONNEL (MAR 2003)

The key personnel specified in this contract are considered to be essential to the work being performedhereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify theContracting Officer reasonably in advance and shall submit justification (including proposed substitutions) insufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractorwithout the written consent of the Contracting Officer; provided, that the Contracting Officer may confirm inwriting such diversion and such confirmation shall constitute the consent of the Contracting Officer dictated bythis clause. As appropriate, the list of key personnel may be modified during the term of the contract to eitheradd or delete personnel.

The Contractor shall assign to this contract the following key personnel:

PERSONNEL TITLE

Program ManagerDeputy Program Manager

The Contractor agrees to assign to the contract those persons who are necessary to fill the requirements of thecontract whose resumes are submitted with its proposal and who are specifically defined as key personnel. Nosubstitutions shall be made except in accordance with this clause.

The contractor agrees that during the first six months of the contract (unless the contract term is shorter), nopersonnel substitutions will be permitted unless such substitutions are necessitated by an individual's sudden

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SECTION: H

illness, death, or termination of employment. In the event of any of these occurrences, the Contractor shall notifythe Contracting Officer promptly and provide the information required by paragraph 5 below.

After the initial six month period, all requests for proposed substitutions must be submitted, in writing, to theContracting Office at least fifteen (15) days, (thirty (30) days if security clearances are to be obtained) in advanceof the proposed substitutions. The requests for substitutions must provide the information required by paragraph5 below.

5. All requests for substitutions must provide a detailed explanation of the circumstances necessitating theproposed substitutions, a complete resume for each proposed substitute and any other information requested bythe Contracting Officer. All proposed substitutes must have qualifications that are equal to or better than thequalifications of the person being replaced as related to the contract work. The Contracting Officer shallevaluate such requests and promptly notify the Contractor whether the proposed substitution has been approvedor disapproved.

[End of Clause]

H.3 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies,services, or equipment furnished pursuant to the provisions of this contract in any news release or commercialadvertising without first obtaining explicit written consent to do so from the Contracting Officer.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply thatthe product or service provided is endorsed or preferred by the Federal Government or is considered by theGovernment to be superior to other products or services.

[End of Clause]

H.4 MINIMUM QUANTITY

The Government shall order a minimum amount of services in the dollar amount of $1,000,000.00 over the term of thecontract.

[End of Provision]

H.5 MAXIMUM QUANTITY

The maximum quantity of services, which the Government may order during the life of this contract, shall not exceed $25million including all option periods.

[End of Provision]

H.6 SECURITY PROCEDURES (MAY 2003)

Controls

The Contractor shall comply with the U.S. Customs & Border Protection (CBP) administrative, physical andtechnical security controls to ensure that the Government's security requirements are met.

Identification Badges

All Contractor employees shall be required to wear identification badges when working in Government facilities.

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SECTION: H

Security Background Data

A Contractor employee shall not begin working under the contract until the entire background investigation (BI) iscompleted with approval from CBP, Security Programs Division. Exceptions to this requirement will be handled ona case-by-case basis, and access to facilities, systems, data, etc. will be limited until the individual is cleared.

Contractor employee personnel hired to work within the United States or its territories and possessions that requireaccess to CBP facilities, information systems, security items and products, and/or sensitive but unclassifiedinformation shall either be U.S. citizens or have lawful permanent resident status.

The following security screening requirements apply to both U. S. citizens and lawful permanent residents who arehired as Contractor personnel. All personnel employed by the Contractor or responsible to the Contractor for theperformance of work hereunder shall either currently possess or be able to favorably pass a backgroundinvestigation. The Contractor shall submit within ten (10) working days after award of this contract a list containingthe full name, social security number, and date of birth of these people who claim to have successfully passed abackground investigation by the CBP, or submit such information and documentation as may be required by theGovernment to have a BI performed for all personnel. The information must be correct and be reviewed by aCustoms Official for completeness. Normally this shall consist of SF-85P, "Questionnaire for Public Trust Positions;"FD-258, "Fingerprint Chart;" and a Financial Statement.

Failure of any Contractor personnel to pass a BI means that the Contractor has failed to satisfy the contract'srequirement to provide cleared personnel. The continuing failure to meet the requirement to provide clearedpersonnel is grounds for termination of the contract, unless cleared personnel are timely provided as replacements.The Contractor must provide a qualified replacement capable of passing a BI for any person who fails tosuccessfully pass a BI. This policy also applies to any personnel hired as replacements during the term of thecontract. The Contracting Officer must approve all personnel replacements.

Estimated completion of the investigation is approximately ninety (90) to one-hundred twenty (120) days from thedate the completed forms are received in the Security Programs Division.

Notification of Personnel Changes

The Contractor shall notify the Contracting Officer's Technical Representative and Contracting Officer via phone,FAX, or electronic transmission, no later than one work day after any personnel changes occur. Written confirmationis required for phone notification. This includes, but is not limited to, name changes, resignations, terminations, andreassignments (i.e., to another contract.)

The Contractor shall notify the OIT Information Systems Security Branch (ISSB) of any change in accessrequirements for its employees no later than one day after any personnel changes occur. This includes namechanges, resignations, terminations, and transfers to other Contractors. The Contractor shall provide the followinginformation to OIT ISSB at TEL: (703) 921-6116 and FAX (703) 921-6570: full name, social security number,effective date, and reason for change.

Separation Procedures

In accordance with Customs Directive No. 51715-006, "Separation Procedures for Contractor Employees," theContractor is responsible for ensuring that all separating employees complete relevant portions of the ContractorEmployee Separation Clearance, Customs Form 242. This requirement covers all Contractor employees whodepart while a contract is still active (including resignation, termination, etc.) or upon final contract completion.Failure of a Contractor to properly comply with these requirements shall be documented and considered whencompleting Contractor Performance Reports.

General Security Responsibilities During Performance

The Contractor shall ensure that its employees follow the general procedures governing physical, environmental,and information security described in the various CBP regulations pertaining thereto, good business practices, andthe specifications, directives, and manuals for conducting work to generate the products as required by this contract.

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SECTION: H

Personnel will be responsible for the physical security of their area and government furnished equipment (GFE)issued to them under the provisions of the contract.

G. Non-Disclosure Agreements

When determined to be appropriate, Contractor employees may be required to execute a non-disclosure agreementas a condition to access of sensitive but unclassified information.

[End of Clause]

H.7 DISCLOSURE OF INFORMATION (MAR 2003)

General

Any information made available to the Contractor by the Government shall be used only for the purpose ofcarrying out the provisions of this contract and shall not be divulged or made known in any manner to anypersons except as may be necessary in the performance of the contract.

Technical Data Rights

The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons anytechnical information or data licensed for use by the Government that bears any type of restrictive or proprietarylegend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause foradditional information.

C. Privacy Act

In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality ofall Government records and/or protected data provided for performance under the contract and shall ensurethat (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b)all subcontract work be performed under the supervision of the Contractor or their employees.

[End of Clause]

H.8 NON-PERSONAL SERVICE (MAR 2003)

The Government and the contractor agree and understand the services to be performed under this contract arenon-personal in nature. The Contractor shall not perform any inherently Governmental functions under thiscontract as described in Office of Federal Procurement Policy Letter 93-1.

The services to be performed under this contract do not require the Contractor or his employees to exercisepersonal judgment and discretion on behalf of the Government, but rather, the Contractor's employees will actand exercise personal judgment and discretion on behalf of the Contractor.

3. The parties also recognize and agree that no employer-employee relationship exists or will exist between theGovernment and the Contractor. The Contractor and the Contractor's employees are not employees of theFederal Government and are not eligible for entitlement and benefits given federal employees. Contractorpersonnel under this contract shall not:

Page: 25

SECTION: H

Be placed in a position where there is an appearance that they are employed by the Government or areunder the supervision, direction, or evaluation of any Government employee. All individual employeeassignments any daily work direction shall be given by the applicable employee supervisor.

Hold him or herself out to be a Government employee, agent or representative or state orally or in writing atany time that he or she is acting on behalf of the Government. In all communications with third parties inconnection with this contract, Contractor employees shall identify themselves as such and specify the nameof the company of which they work.

(c) Be placed in a position of command, supervision, administration or control over Government personnel orpersonnel of other Government contractors, or become a part of the government organization. In allcommunications with other Government Contractors in connection with this contract, the Contractoremployee shall state that they have no authority to change the contract in any way. If the other Contractorbelieves this communication to be direction to change their contract, they should notify the CO for thatcontract and not carry out the direction until a clarification has been issued by the CO.

If the Contractor believes any Government action or communication has been given that would create a personalservice relationship between the Government and any Contractor employee, the Contractor shall promptly notifythe CO of this communication or action.

Rules, regulations directives and requirements which are issued by U.S. Customs & Border Protection undertheir responsibility for good order, administration and security are applicable to all personnel who enter U.S.Customs & Border Protection installations or who travel on Government transportation. This is not to beconstrued or interpreted to establish any degree of Government control that is inconsistent with a non-personalservices contract.

[End of Clause]

H.9 HOLIDAYS AND ADMINISTRATIVE LEAVE (MAR 2003)

U.S. Customs & Border Protection (CBP) personnel observe the following days as holidays:

New Year's DayMartin Luther King's BirthdayPresidents' DayMemorial DayIndependence Day

Labor DayColumbus DayVeteran's DayThanksgiving DayChristmas Day

Any other day designated by Federal statute, by Executive Order or by the President's proclamation.

When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday,the following Monday is observed. Observance of such days by Government personnel shall not be cause for anextension to the delivery schedule or period of performance or adjustment to the price, except as set forth in thecontract.

Except for designated around-the-clock or emergency operations, contractor personnel will not be able to performon site under this contract with CBP on holidays set forth above. The contractor will not charge any holiday as adirect charge to the contract. In the event Contractor personnel work during a holiday other than those above, noform of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, thisdoes not preclude reimbursement for authorized overtime work.

Page: 26

SECTION: H

In the event CBP grants administrative leave to its Government employees, at the site, on-site contractor personnelshall also be dismissed if the site is being closed. However, the Contractor shall continue to provide sufficientpersonnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall beguided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In eachinstance when the site is closed to Contractor personnel as a result of inclement weather, potentially hazardousconditions, explosions, or other special circumstances; the Contractor will direct its staff as necessary to takeactions such as reporting to its own site(s) or taking appropriate leave consistent with its policies. The cost ofsalaries and wages to the Contractor for the period of any such site closure are a reimbursable item of direct costunder the contract for employees whose regular time is normally a direct charge if they continue to perform contractwork; otherwise, costs incurred because of site closure are reimbursable as indirect cost in accordance with theContractor's established accounting policy.

[End of Clause]

H.10 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (MAR 2003)

Contractor Performance Evaluation

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FARSubpart 42.15. A final performance evaluation will be prepared at the time of completion of work. In addition tothe final evaluation, interim evaluations will be prepared annually to coincide with the anniversary date of thecontract. (If evaluations are to be conducted more or less frequently than annually, modify this sentence asappropriate.)

Interim and final evaluations will be provided to the contractor as soon as practicable after completion of theevaluation. The contractor will be permitted thirty days to review the document and to submit additionalinformation or a rebutting statement. Any disagreement between the parties regarding an evaluation will bereferred to an individual one level above the Contracting Officer, whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of thecontract file, and may be used to support future award decisions.

Electronic access to contractor Performance Evaluations

Contractors that have Internet capability may access evaluations through a secure Web site for review andcomments by completing the registration form that can be obtained at the following address: http://0CM.OD.NIH.gov/cdmp/cps_contractor.htm

The registration process requires the contractor to identify an individual that will serve as a primary contact andwho will be authorized access to the evaluation for review and comment. In addition, the contractor will berequired to identify an alternate contact who will be responsible for notifying the cognizant contracting official inthe event the primary contact is unavailable to process the evaluation within the required 30-day time frame.

[End of Clause]

H.11 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (MAR 2003)

The Contractor will ensure that its employees will identify themselves as employees of their respective companywhile working on U.S. Customs& Border Protection (CBP) contracts. For example, contractor personnel shall introduce themselves and signattendance logs as employees of their respective companies, not as CBP employees.

The contractor will ensure that their personnel use the following format signature on all official e-mails generated byCBP computers:

[Name]

Page: 27

SECTION: H

[Position or Professional Title][Company Name]Supporting the XXX Division/Office...U.S. Customs & Border Protection[Phone][FAX][Other contact information as desired]

[End of Clause]

H.12 AGENCY LEVEL PROTEST NOTICE (APR 2003)

Offerors are notified that per FAR 33.103(d)(4), an independent review of the grounds for a protest is available at alevel above the contracting officer as an alternative to the protest to the agency contracting officer, not as anadditional appeal after the protest to the agency contracting officer has been resolved. A choice to protest to theagency contracting officer therefore relieves the U.S. Customs & Border Protection of any further internal review orappeal after the contracting officer's decision.

[End of Provision]

H.13 MEETINGS/ CONFERENCES

Pre-award meetings or conferences may be necessary to resolve problems and to facilitate understanding of thetechnical requirements of the contract or task orders. All costs associated with attendance at pre-awardmeetings/conferences shall be incidental to the contract and not separately billed.

H.14 POST AWARD CONFERENCE

A post-award conference may be held within ten (10) business days after contract award. If held, the Contractor shallparticipate in this conference. The purpose of the post award conference is to aid both the Contractor and theGovernment in achieving a clear and mutual understanding of all contract requirements and identify and resolve potentialproblems (See FAR Subpart 42.5).

The conference will be conducted at a location at the Government's discretion.

[END OF SECTION H]

Page: 28

SECTION: I

PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

1.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)


http:llwww.acqnet.gov

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSESNUMBER DATE TITLE

52.202-1 JUL 2004 DEFINITIONS52.203-6 JUL 1995 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT Alternate I (OCT 1995)52.203-8 JAN 1997 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY52.203-12 SEP 2005 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS52.204-2 AUG 1996 SECURITY REQUIREMENTS52.204-4 AUG 2000 PRINTED OR COPIED DOUBLED-SIDED ON RECYCLED PAPER52.204-7 JUL 2006 CENTRAL CONTRACTOR REGISTRATION52.209-6 JAN 2005 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,SUSPENDED, OR PROPOSED FOR DEBARMENT

52.215-8 OCT 1997 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT52.215-10 OCT 1997 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA52.215-12 OCT 1997 SUBCONTRACTOR COST OR PRICING DATA52.215-15 OCT 2004 PENSION ADJUSTMENTS AND ASSET REVERSIONS52.215-18 JUL 2005 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT

BENEFITS (PRB) OTHER THAN PENSIONS52.217-2 OCT 1997 CANCELLATION UNDER MULTIYEAR CONTRACTS52.219-8 MAY 2004 UTILIZATION OF SMALL BUSINESS CONCERNS52.219-14 DEC 1996 LIMITATIONS ON SUBCONTRACTING52.222-2 JUL 1990 PAYMENT FOR OVERTIME PREMIUMS52.222-4 JUL 2005 CONTRACT WORK HOURS AND SAFETY STANDARDS

ACT—OVERTIME COMPENSATION52.223-6 MAY 2001 DRUG-FREE WORKPLACE52.223-10 AUG 2000 WASTE REDUCTION PROGRAM52.223-12 MAY 1995 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS52.232-25 OCT 2003 PROMPT PAYMENT52.227-1 JUL 1995 AUTHORIZATION AND CONSENT

Page: 29

Minimum order. When the Government requires supplies or services covered by this contract in an amount ofless than 2500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish,those supplies or services under the contract.Maximum order. The Contractor is not obligated to honor—

Any order for a single item in excess of $1,000,000; 1,Any order for a combination of items in excess of $2,000,000; orl

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceedingthe limitation in subparagraph (b)(1) or (2) of this section.

SECTION: I

52.227-3 APR 1984 PATENT INDEMNITY52.229-3 APR 2003 FEDERAL, STATE, AND LOCAL TAXES52.232-17 JUN 1996 INTEREST52.232-18 APR 1984 AVAILABILITY OF FUNDS52.232-23 JAN 1986 ASSIGNMENT OF CLAIMS52.233-1 JUL 2002 DISPUTES52.233-3 AUG 1996 PROTEST AFTER AWARD52.242-13 JUL 1995 BANKRUPTCY52.253-1 JAN 1991 COMPUTER GENERATED FORMS


1.2 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2006)

The Contractor shall comply with agency personal identity verification procedures identified in the contract thatimplement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB)guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physicalaccess to a federally-controlled facility or access to a Federal information system.

[End of Clause]

1.3 52.216-18 ORDERING (OCT 1995)

Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders ortask orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date ofAward through July 30, 2011.

All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflictbetween a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in themail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in theSchedule.

[End of Clause]

1.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

Page: 30

SECTION: I

If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the FederalAcquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from theContractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding themaximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called forand the reasons. Upon receiving this notice, the Government may acquire the supplies or services fromanother source.

[End of Clause]

1.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, inthe Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are notpurchased by this contract.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Orderingclause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specifiedin the Schedule up to and including the quantity designated in the Schedule as the "maximum." TheGovernment shall order at least the quantity of supplies or services designated in the Schedule as the"minimum."

Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit onthe number of orders that may be issued. The Government may issue orders requiring delivery to multipledestinations or performance at multiple locations.

Any order issued during the effective period of this contract and not completed within that period shall becompleted by the Contractor within the time specified in the order. The contract shall govern the Contractor'sand Government's rights and obligations with respect to that order to the same extent as if the order werecompleted during the contract's effective period; provided, that the Contractor shall not be required to make anydeliveries under this contract after July 30, 2011.

[End of Clause]

1.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified inthe contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by theSecretary of Labor. The option provision may be exercised more than once, but the total extension of performancehereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to theContractor within 30 days.

[End of Clause]

1.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within 30; provided thatthe Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days beforethe contract expires. The preliminary notice does not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.

Page: 31

SECTION: I

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5years.

[End of Clause]

1.8 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003) Alternate II (MAR 2004)

Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independentlyowned and operated, not dominant in the field of operation in which it is bidding on Government contracts, andqualified as a small business under the size standards in this solicitation.

General. (1) Offers are solicited only from small business concerns and Federal Prison Industries, Inc. (FPI).Offers received from concerns that are not small business concerns or FPI shall be considered nonresponsiveand will be rejected.

(2) Any award resulting from this solicitation will be made to either a small business concern or FPI.(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the

contract, only end items manufactured or produced by small business concerns in the United States or itsoutlying areas. If this procurement is processed under simplified acquisition procedures and the total amount ofthis contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm.This paragraph does not apply to construction or service contracts.

[End of Clause]

1.9 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2006)

The Contractor shall comply with agency personal identity verification procedures identified in the contract thatimplement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB)guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physicalaccess to a federally-controlled facility or access to a Federal information system.

[End of Clause]

I.10 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur,that could result in changes in the valuation of its capitalized assets in the accounting records, theContractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or anyother cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

Maintain current, accurate, and complete inventory records of assets and their costs;

Provide the ACO or designated representative ready access to the records upon request;

Page: 32

SECTION: I

Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation oramortization, and remaining useful lives are identified accurately before and after each of the Contractor'sownership changes; and

Retain and continue to maintain depreciation and amortization schedules based on the asset recordsmaintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet theapplicability requirement of FAR 15.408(k).

[End of Clause]

1.11 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2006. TheGovernment's obligation for performance of this contract beyond that date is contingent upon the availability ofappropriated funds from which payment for contract purposes can be made. No legal liability on the part of theGovernment for any payment may arise for performance under this contract beyond September 30, 2006, untilfunds are made available to the Contracting Officer for performance and until the Contractor receives notice ofavailability, to be confirmed in writing by the Contracting Officer.

[End of Clause]

1.12 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

[End of Clause]

1.13 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security fromentering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporationas defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition withrespect to any specific contract if the Secretary determines that the waiver is required in the interest of nationalsecurity.

Definitions. As used in this clause:

"Expanded Affiliated Group" means an affiliated group as defined in section 1504(a) of the Internal RevenueCode of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall beapplied by substituting "more than 50 percent" for "at least 80 percent" each place it appears.

"Foreign Incorporated Entity" means any entity which is, or but for subsection (b) of section 835 of theHomeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the InternalRevenue Code of 1986.

"Inverted Domestic Corporation." A foreign incorporated entity shall be treated as an inverted domesticcorporation if, pursuant to a plan (or a series of related transactions)—.

The entity completes the direct or indirect acquisition of substantially all of the properties held directly orindirectly by a domestic corporation or substantially all of the properties constituting a trade or business ofa domestic partnership;

After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

Page: 33

SECTION: I

(I)

In the case of an acquisition with respect to a domestic corporation, by former shareholders of thedomestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of thedomestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantialbusiness activities in the foreign country in which or under the law of which the entity is created ororganized when compared to the total business activities of such expanded affiliated group.

"Person", "domestic", and "foreign" have the meanings given such terms by paragraphs (1), (4), and (5) ofsection 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreignincorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverteddomestic corporation these shall not be taken into account in determining ownership:

Stock held by members of the expanded affiliated group which includes the foreign incorporatedentity; or

Stock of such entity which is sold in a public offering related to an acquisition described in section835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially allof the properties of a domestic corporation or partnership during the 4-year period beginning on the datewhich is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall betreated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution ordistribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoidthe purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6U.S.C. 395 (b) to the acquisition of a domestic partnership, except as provided in regulations, all domesticpartnerships which are under common control (within the meaning of section 482 of the Internal Revenue Codeof 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitableinterests incident to the transaction, as follows:

Warrants;

Options;

(iii) Contracts to acquire stock;

Convertible debt instruments;

Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so toreflect the present value of the transaction or to disregard transactions whose recognition would defeat thepurpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

L_] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant tothe criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73;

L.1 it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to thecriteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuantto 3009.104-74, which has not been denied; or

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SECTION: I

L_] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to thecriteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiverpursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has beenapplied for, shall be attached to the bid or proposal.

[End of Clause]

1.14 3052.237-70 REMOVED QUALIFICATIONS OF CONTRACTOR EMPLOYEES (Deviation)

1.15 3052.237-71 REMOVED INFORMATION TECHNOLOGY SYSTEMS ACCESS FOR CONTRACTORS (Deviation)

1.16 3052.228-70 INSURANCE (DEC 2003)

In accordance with the clause entitled "Insurance--Work on a Government Installation" [or Insurance—Liability toThird Persons] in Section I, insurance of the following kinds and minimum amounts shall be provided andmaintained during the period of performance of this contract:

Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirementsspecified at (FAR) 48 CFR 28.307-2(a).

General liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR28.307-2(b).

(c) Automobile liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR28.307-2(c).

[End of Clause]

1.17 3052.237-72 REMOVED CONTRACTOR PERSONNEL SCREENING FOR UNCLASSIFIED INFORMATIONTECHNOLOGY ACCESS

NOTICE: No or Local Clauses included in Section I of this Document

[END OF SECTION I]

Page: 35

SECTION: J

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J

LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

Property Contractor User Guide (SEACATS User Manual)

Appendix A SOW Glossary

Section B

Vehicle Identification Number (VIN)

Disposition Order (CBP 7605)

Order to Destroy & Record of Destruction of Forfeited, Abandoned, or Unclaimed Merchandise(CBP 4613)

Chain of Custody (CBP 6051)

Wage Determination

[END OF SECTION]

Page: 36

Appendix A

For the purposes of this contract, the following definitions apply:

ASSET FORFEITURE OFFICER (AFO): The individual in each CBPBorder Patrol Sector responsible for case adjudication through the civiladministrative process and for directing forfeiture and disposition actionsinvolving seized and abandoned property. Serves as the principal BorderPatrol POC in seized property management.

ADVERSE INCIDENT: Any loss, damage or destruction of seizedvehicles or any other property or facility, or associated third party propertyand bodily injury or death arising out of any phase of contractperformance.

APPRAISED VALUE (APV): The value established by the CBP.

COMPONENTS: The spare tire, lug wrench, and other standard oroptional vehicle equipment, which are integral parts of the vehicle.

CONSIGNMENT: Seized vehicles removed from the possession of theviolator and turned over to the Contractor for management and disposal.

CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR):Contracting Officers of Federal contracts generally appoint a COTR toassist in the technical administration of the contract. The COTR will benamed at time of award.

FIELD COTR: CBP officials authorized to task the contractor, responsiblefor the custody and control of seized vehicles. Field COTRs include:FP&F Officers (CBP), SPSs and SPCs (CBP) Asset Forfeiture Officers(CBP), Border Patrol Agents (CBP).

FINES, PENALTIES AND FORFEITURES OFFICER (FPFO): Theindividual in each CBP Port responsible for case adjudication through thecivil administrative process and for directing forfeiture and dispositionactions involving seized and abandoned property.

OVERSIGHT: A government review of activities of the Contractor asrequired by the contract.

PERSONAL EFFECTS: Items belonging to the violator that have neitherevidentiary value nor forfeiture potential. Examples include, but are notlimited to such items as jewelry, clothing, sleeping bags, briefcase,suitcase, etc., that may be in a vehicle or with the passenger (violator) atthe time of seizure but is/are not useful as evidence and is/are not subject

to forfeiture. Items normally found in vehicles such as car jacks, aircraftlogs, vessel compass, etc., are not personal effects and are consideredpart of the conveyance.

SALVAGE VEHICLE: Vehicle that is bought for the use or resale of itscomponents parts. Vehicles, which have, some value in excess of its basicmaterial content but for which repair or rehabilitation in order to use theproperty for the originally-intended purpose is clearly impractical.

SEIZED VEHICLE: Vehicles that are seized by CBP as a result of an actin violation of law. The vehicle is deemed under the law to be theoffending party. Under the laws administered by CBP title to the vehiclevests in the government at the time of violation. Such vehicle is"government property" as that term is defined in FAR 45.101 (a), only forthe purposes of determining contractor liability to the government for lossor damage to seized vehicles under the terms of the contract and FAR52.245-5.

SEIZING OFFICE/SEIZING SECTOR: Refers to office that initiates aseizure and processes the seizure case.

SEIZURE: The lawful act by an authorized officer of taking custody andcontrol of vehicles when there is probable cause to believe that a law,which provides for seizure and forfeiture of the vehicle has been violated.

SEIZURE NUMBER: The unique tracking number assigned to a seizurecase in the designated system of record for the contract.

SPS: Seized Property Specialist. CBP personnel who have principalresponsibilities for the custody and control of CBP seized property, andthe transfer of contractor-held seized property.

SEACATS (SEIZURE CASE AND ASSET TRACKING SYSTEM): Thissystem tracks property from the time of consignment notification (receiptof new property by the Contractor) and updates its status from the time ofacceptance into the system, the assignment of a pending status, and to itsfinal disposition. The system serves as the single source for the trackingand management of all CBP, other agency, and contractor held seizedproperty. SEACATS is CBP owned and shall be maintained by CBP.

PRIMARY AND ALTERNATEVEHICLE IDENTIFICATION NUMBER (VIN)

PLACEMENT LOCATIONS

TRUCKS AND AUTOMOBILESPrimary location—Front leftplate postAlternative location—Firewall

MOTORCYCLES AND MOPEDS(1) , Primary location—Headstock or

steering head(2) Alternative location—Frame

down tuba

TRAILERSAlternative location—Right front frame railPrimary location—Left frame rail at thefront of the vehicle

SNOWMOBILEPrimary location—Right side ofsnowmobile below seat on thetunnel.Approximately 3' below theseat and about the middle ofthe tunnel.There is no alternativelocation for snowmobile.

CAMPERS(1) Primary location—on camper

next to door latch.(Can be on back or sidedepending upon door location.)There is no alternativelocation for campers.

(1)

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