SOW.docx

STATEMENT OF WORK (SOW)

FOR

Technical Assistance Program Coordinator

I. INTRODUCTION

The mission of the U.S. Department of Justice, Antitrust Division (ATR) is to promote economic competition through enforcing and providing guidance on U.S. antitrust laws. The antitrust laws apply to virtually every industry and level of business, including manufacturing and distribution. The laws prohibit conduct that seeks to restrain competition, including conspiracies to rig bids, fix prices and allocate markets (i.e., cartels). Cartels – the most egregious antitrust law violation – are prosecuted criminally in the United States and both companies and individuals are held accountable.

A direct and significant impact on ATR’s enforcement efforts is the globalization of the business marketplace and growing international competition enforcement. There are over 130 competition agencies worldwide. As a result, effective cooperation with foreign competition agencies is critical to ATR’s enforcement efforts. ATR places a particular emphasis on cooperation that combats international cartels that target U.S. markets because of the breadth and magnitude of the harm such conduct inflicts on American businesses and consumers. Over the last five fiscal years, ATR international cartel investigations have resulted in the prosecution 62 companies and 127 individuals, and over $6 billion in criminal fines.

II. BACKGROUND

A main tool in ATR’s international cooperation toolkit is its technical assistance program, which is managed by ATR’s International Section. Technical assistance provides foreign competition agencies, especially newer agencies, with the support and training they need to become valuable competition enforcement partners. ATR invests considerable time and staff resources to share its expertise and skills with foreign competition agencies. In the past five years, ATR has conducted approximately 58 technical assistance programs in 22 countries.

ATR is actively expanding the scope of its technical assistance program as the result of a robust relationship with the FBI, a renewed relationship with the World Bank and the pursuit of funding from the U.S. Agency for International Development. As ATR’s technical assistance opportunities increase in the near future, ATR requires a Contractor to provide support to its technical assistance program and ATR prosecutors and law enforcement agents investigating and prosecuting international cartels.

III. PLACE OF PERFORMANCE

U.S. Department of Justice Antitrust Division 450 Fifth Street, N.W., Suite 11000 Washington, D.C. 20530

IV. PERIOD OF PERFORMANCE

Technical Assistance Program Coordinator

V. SCOPE OF WORK

As a technical assistance program coordinator, the Contractor shall provide substantial support to enhance ATR’s technical assistance program, including:

· Liaising with ATR’s International Section and foreign competition agencies to select jurisdictions and topics for technical assistance programs. This includes: identifying ATR or other trainers with requisite knowledge and availability, determining the best format (in-person, phone/VTC, training video), scheduling, developing the agenda/curriculum and reviewing trip reports for any necessary follow up or suggestions to improve the technical assistance program. In some instances, the Contractor may be personally required to conduct technical assistance programs, both in the United States and abroad.

· Liaising with other U.S. Department of Justice components, federal agencies, independent agencies and institutions providing financial support for ATR’s technical assistance program, including FBI, the Criminal Division’s Office of Overseas Prosecutorial Development Assistance and Training (OPDAT) and International Criminal Investigative Training Assistance Program (ICITAP), the World Bank, U.S. Agency for International Development, the Competition Committee of the Organization for Economic Cooperation and Development (OECD), and the Commerce Department’s Commercial Law Development Program, to promote antitrust technical assistance programs and secure funding.

· Liaising with the FBI requires close collaboration with the incoming Antitrust Program Manager in the Public Corruption and Civil Rights Section’s International Corruption Unit (ICU) to prioritize antitrust technical assistance within the FBI budget.

· Create/update guidance materials for ATR prosecutors on how other jurisdictions investigate and prosecute international cartel cases.

Beyond the technical assistance program, the Contractor shall also provide important, related support for ATR prosecutors and law enforcement agents investigating and prosecuting international cartels, including:

· Liaising with FBI personnel and FBI counterparts (police/investigative agencies) in other jurisdictions.

· Consulting with ATR prosecutors investigating international cartel matters on source development, intelligence sharing, interviewing strategies, and the use of proactive investigative techniques.

· Continuing relationship development with other U.S. law enforcement agencies investigating international cartels, such as Military Investigative Agencies (e.g., Naval Criminal Investigative Service, Defense Criminal Investigative Service, Army Criminal Investigation Command, etc.)

· Developing training curricula for ATR attorneys and U.S. law enforcement agents investigating international cartels, such as the role of ATR’s International Section in international cartel investigations (e.g., MLA/extradition assistance), best practices for working with FBI ICU agents, the benefits of ATR’s leniency program and direct/cross examinations techniques. In some instances, the Contractor may personally conduct this type of training.

· Developing materials and planning events for U.S. law enforcement agencies and the public to generate international cartel case leads.

The Contractor must have up-to-date knowledge of law enforcement techniques used in the fight against price fixing, bid rigging, market allocation and how these techniques correspond to ATR’s enforcement program. Specific knowledge/skills required include, how to obtain and execute search warrants, coordinating raids in multiple jurisdictions, interviewing for evidence in support of Title 15 charges, organizing agent support for large antitrust cases, coordinating with multiple law enforcement entities, both domestic and international, and courtroom support.

VI. KEY PERSONNEL QUALIFICATIONS

The Contractor shall provide an individual who possess the minimum qualifications for the designated labor category as delineated below. Minimum education or experience requirements are considered mandatory where they are described using the terms “required” or “must have” or “must be.”

The offeror’s proposed labor Category will be listed here at time of award [TBD]:

Functional Responsibilities:

· A thorough understanding of the field of international antitrust enforcement, including investigating and prosecuting criminal antitrust (price fixing, bid rigging and market allocation) violations;

· A thorough understanding of how to develop curriculum and conduct effective legal and investigative training programs for a variety of audiences.

Minimum Education and Experience:

· Must have substantial experience working for or with the Federal Government, preferably in an enforcement capacity;

· Must have demonstrated experience and leadership working in the field of international antitrust enforcement, including investigating and prosecuting criminal antitrust (price fixing, bid rigging and market allocation) violations;

· Must have demonstrated experience coordinating with international competition agencies and international and/or domestic law enforcement agencies.

· Must have demonstrated knowledge of and experience with prosecution and/or law enforcement techniques required in international criminal antitrust investigations (e.g., coordinating search warrants in multiple jurisdictions, interviewing for evidence to support criminal antitrust charges, organizing staffing support for large international antitrust investigations, preparing for trial, etc.);

· Must have experience developing curriculum and conducting legal and investigative training programs;

· Must have at least a bachelor’s degree; and

· Must be a U.S. citizen.

VII. NON-DISCLOSURE AGREEMENT

The Contractor will be required to sign a nondisclosure agreement upon award of the contract.

VIII. TRAVEL

The Contractor is required to travel to the Government facility noted in Section III above during the period of performance. Travel will not be reimbursed separately and is included in the contract. Some domestic and international travel will be required and paid for by ATR.

IX. INVOICING

The Contractor shall submit to the contracting officer a monthly invoice, itemizing all labor hours, unit cost and extended prices for work performed in connection with this contract.

X. ATR CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The following individual is designated as the Contracting Officer’s Representative (COR) under the agreement for purposes of providing specific technical direction to the Contractor. This individual is not authorized under any circumstances to award, agree to, or execute any contract, contract modification, or notice of intent; obligate in any way the payment of money by the Government; make a final decision on any contract matter which is subject to the Disputes clause (FAR 52.233-1); or terminate, for any cause, the Contractor’s right to proceed. The COR also is not authorized to modify or rescind any of the terms and conditions of the contract, including price, quantity, quality, delivery and/or staff.

TBD