15JPSS19R00000014.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

15JPSS19R00000014

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

05/14/2019

6. REQUISITION/PURCHASE

NUMBER

CODE 15JPSS

U.S. Department of Justice JMD, Acquisition Management Group 145 N. St., NE, Room Washington, DC 20530

7. ISSUED BY

U.S. DEPARTMENT OF JUSTICE, PROCUREMENT SERVICES

STAFF (JMD)

145 N STREET, NE

WASHINGTON, DC 20530

Andrew S. Martin

(O) 202-307-1928 andrew.s.martin@usdoj.gov

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

12:00:00 06/17/2019

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

AREA CODE NUMBER EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES CONTRACT

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X L INSTRS., CONDS., AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA

X M EVALUATION FACTORS FOR AWARDX H SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS(%) 20 CALENDAR DAYS(%) 30 CALENDAR DAYS(%) 0 CALENDAR DAYS(%)

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) Andrew S. Martin

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

15JPSS19R00000014 Page 1 of 81

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs

Section B C Description/Specifications/Statement of Work

D Packaging and Marking

E Inspection and Acceptance

52.246-4 Inspection of Services - Fixed-Price (Aug 1996) 52.246-6 Inspection - Time-and-Material and Labor-Hour (May 2001)

F Deliveries and Performance 52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991)

G Contract Administration Data H Special Contract Requirements

52.216-22 Indefinite Quantity (Oct 1995) 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.216-18 Ordering (Oct 1995)

I Contract Clauses 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.204-2 Security Requirements (Aug 1996) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications (Aug 2011) .53 52.215-14 Integrity of Unit Prices (Oct 2010) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (Oct 2010) 52.216-7 Allowable Cost and Payment (Aug 2018) 52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements - Non-Commercial Item Acquisition With Adequate Price Competition (Feb 2007) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-9 Small Business Subcontracting Plan (Aug 2018) 52.219-14 Limitations on Subcontracting (Jan 2017) 52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999) 52.219-25 [Removed and Reserved] 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor--Cooperation with Authorities and Remedies (Jan 2018) 52.222-26 Equal Opportunity (Sept 2016) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

15JPSS19R00000014 Page 2 of 81

52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.223-6 Drug Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.225-1 Buy American - Supplies (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-7 Insurance - Liability to Third Persons (Mar 1996) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.228-10 Vehicular and General Public Liability Insurance (Apr 1984) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-7 Payments under Time-and-Materials and Labor Hour Contracts (Aug 2012) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.237-3 Continuity Of Services (Jan 1991) 52.242-13 Bankruptcy (July 1995) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.243-3 Changes - Time-and-Material or Labor-Hours (Sept 2000) 52.244-6 Subcontracts for Commercial Items (Jan 2019) 52.244-2 Subcontracts (Oct 2010) 52.245-9 Use and Charges (Apr 2012) 52.245-1 Government Property (Jan 2017) 52.248-1 Value Engineering (Oct 2010) 52.249-6 Termination (Cost Reimbursement) (May 2004) 52.249-14 Excusable Delays (Apr 1984) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.249-9 Default (Fixed-Priced Research and Development) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.203-14 Display of Hotline Poster(s) (Oct 2015) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2014)..59

J List of Attachments K Representations, Certifications and Other Statements of Offerors

52.222-38 Compliance with Veterans' Employment Reporting Requirements (Feb 2016) 52.204-8 Annual Representations and Certifications (Oct 2018) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.209-12 Certification Regarding Tax Matters (Feb 2016)

L Instructions, Conditions and Notices to Offerors 52.204-7 System for Award Management (Oct 2016) 52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2017) 52.216-1 Type of Contract (Apr 1984) L 52.222-17 Nondisplacement of Qualified Workers (May 2014)

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M Evaluation Factors for Award M

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Section B - Supplies or Services and Prices/Costs

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Period- International Asset Recovery (IAR) Support Services

Line Period of Performance: 10/01/2019 - 09/30/2020

Base Period

0.000000 $____________ $___________________

1001 Option Period I - International Asset Recovery (IAR) Support Services

Line Period of Performance: 10/01/2020 - 09/30/2021

Option Period

0.000000 $____________ $___________________

2001 Option Period II - International Asset Recovery (IAR) Support Services

Line Period of Performance: 10/01/2021 - 09/30/2022

Option Period

0.000000 $____________ $___________________

3001 Option Period III - International Asset Recovery (IAR) Support Services

Line Period of Performance: 10/01/2022 - 09/30/2023

Option Period

0.000000 $____________ $___________________

4001 Option Period IV - International Asset Recovery (IAR) Support Services

Line Period of Performance: 10/01/2023 - 09/30/2024

Option Period

0.000000 $____________ $___________________

Clauses By Full Text

Section B

B.1 General

(a) The Contractor shall provide, in accordance with the requirements specified herein, all labor, management, supervision, and oth-er resources necessary to furnish International Asset Recovery Support services to the Department of Justice (DOJ) and other Federal Agencies involved in international asset recovery and forfeiture activities. All requirements will be fulfilled on an Indefinite Delivery / Indefinite Quantity (IDIQ) task order basis for all services. Individual task orders placed under this contract may be issued on a firm fixed-price (FFP), labor-hour (LH), time-and-materials (T&M), or any combination thereof. The process for task order placement is described in Section H under 52.216-18.

(b) The principal purpose of this contract is to provide non-personal, labor hour, professional services which cover a wide range of international asset recovery support related tasks and processes as described in Section C herein. DOJ considers the principal purpose of this contract to be for the furnishing of hourly-based, specialized, international asset recovery support services through the use of professional employees exempted from the Service Contract Labor Standards statute. Therefore, ALL labor categories and hours pub-lished herein are considered exempt from the Service Contract Labor Standards statute, unless otherwise explained by the Offeror in its proposal and accepted by the Government at the time of award. This contract also allows for, as a secondary purpose, tasks incid-ental to international asset recovery support that under circumstances outside of this contract could be considered non-exempt labor

15JPSS19R00000014 Page 5 of 81 but for purposes of this contract shall be considered exempt.

(c) The proposed contract is expected to include a transition/phase-in, base period and four (4) option periods as described below:

Base Period 10/01/19 through 09/30/20 Option Period I 10/01/20 through 09/30/21 Option Period II 10/01/21 through 09/30/22 Option Period III 10/01/22 through 09/30/23 Option Period IV 10/01/23 through 09/30/24

(d) See Section F for complete contract term and option information.

B.2 Minimum and Maximum Amounts

(a) The Government will order a minimum amount of $100,000 under this contract. The Government will have the entire term of the contract (to include all options) to fulfill the contract minimum. The specific Contract Line Item Numbers (CLINs) and quantities will be identified in the task order(s) issued under the contract. The exercise of the renewal options (see Sections I under 52.217-8 and 52.217-9) does not re-establish the contract minimum. During the life of this contract, the Government may order items in any quant-ity up to the maximum amount specified in paragraph (b) below. If the minimum amount has not been ordered then the Government will exercise the option for the next year. See Section H.9 for the estimated minimum level of effort for Key Personnel.

(b) There are no maximum quantities or amounts for each individual CLIN, task order, or contract period. The maximum aggregate amount of all task orders issued under this contract shall not exceed $25,000,000 for the entire term of the contract, including all op-tions which may be exercised.

B.3 Pricing Tables

(a) Attachment (B.1) to this RFP includes thirteen (13) mandatory pricing tables/worksheets as described below. There is one table/ worksheet for hourly rates and 12 tables/worksheets for the pricing scenarios described in Attachment (B.2). For evaluation purposes, each table/worksheet includes a price evaluation model that will automatically calculate each Offeror’s total evaluated price once the Offeror enters fixed low, mid and high hourly rates in the labor table in the grey colored cells; and fixed multipliers in the ODC table in the grey colored cells for award determination purposes (see Sections L.3.1.4 and M.3). Only the expertise category, fixed unit pricing, ODC category and multiplier portion (each described below in this Section B) of each table will carry forward to the contract. Offerors shall ONLY fill in the cells colored in grey. Cells that are colored in yellow shall not be edited or manipulated as there are formulas in these cells to perform the calculations necessary to achieve a total proposed price. For the option years, the Of-feror shall use the same scenario.

(b) For proposal pricing purposes only, Offerors shall assume the four (4) international asset recovery pricing scenarios provided in Attachment (B.2). (The Government is not obligated to issue task orders for this work similar or any other similar work.) Utilizing the expertise category levels, defined in Attachment (B.3), Offerors shall insert proposed low, mid and high hourly prices for the base year and all option years for each expertise level category on the Worksheet entitled “Rates A-1” in Attachment (B.1). Next, the Offerors shall use these prices to fill in the prices of each scenario provided/described in Attachment (B.2). There are three (3) worksheets for each pricing scenario (1 Labor, 1 ODC, 1 Total) with four (4) scenarios totaling twelve (12) worksheets/tables for completion for the pricing scenarios.

(c) The thirteen (13) mandatory pricing tables/worksheets are broken up as follows:

(1) Rates A-1 Tab. This table includes all expertise categories for the anticipated contract. Utilizing Attachment (B.3) for category definitions, the Offerors shall insert their proposed low, mid and high hourly prices in the grey colored cells for each expertise category. All unit prices shall be fixed hourly rates for labor and shall be fully burdened. These rates shall be used in the pricing scenarios and will carry forward to the awarded contract.

(2) Labor B-1, B-4, B-7, B-10 Tabs. These tables include pre-assigned expertise categories to respond effectively to the Government’s pricing scenarios, following the Statement of Work requirements. Offerors shall fill in only the areas colored gray with their fixed hourly low, mid or high rates that were used on the “Rates A-1” Worksheet/Table. Formulas are present in the areas colored yellow to calculate a total price once the Offeror fills in fixed hourly rates.

(3) Other Direct Costs (ODC) B-2, B-5, B-8, B-11 Tabs. Other Direct Costs (ODC) are classes or categories of supplies and services which are not included in the unit prices for labor, but are required to complete a given task order that is issued on a time-and-materials (T&M) basis or to price a task order on a fixed-price basis. The ODC Categories have been filled in to de-lineate the categories of costs required to fulfill the pricing scenarios and Statement of Work. Offerors shall fill in the ODC multiplier(s). The Government will use this table to authorize and track actual ODC expenditures under T&M orders. The

15JPSS19R00000014 Page 6 of 81 fixed multiplier for each CLIN includes all administrative handling costs associated with the CLIN. The multiplier is to be ap-plied against the actual cost of the item for reimbursement. The billable amount shall be limited to the actual cost of the item plus the amount resulting from the application of the appropriate multiplier identified in the table (e.g., actual cost of item is $100.00, and multiplier for the CLIN is 1.02, the total billable amount is $102.00). For subcontracted items/services, the multiplier shall only be applied one time. For example, a subcontractor might be required to travel. It is not permissible for the subcontractor to apply a markup to the travel costs in billing the prime contractor, and then for the prime contractor to apply another markup when billing the Government. The multiplier may only be applied once, and must be applied to the original cost of the item. Offerors shall fill in only the areas colored gray with their fixed multipliers. Formulas are present in the areas colored in yellow to calculate a total price once the Offeror fills in the ODC category, multiplier and ODC amounts.

(4) Totals B-3, B-6, B-9, B-12 Tabs. These tables summarize the annual extended prices and totals all years for each ma-jor estimated price tab (Labor B-1, B-4, B-7, and B-10 and ODCs B-2, B-5, B-8, and B-11) without any overtime. Tables B-3, B-6, B-9, and B-12 only require the Offeror to fill in one cell. This cell is gray colored and is for claiming the HUBZone price preference. If an Offeror is a HUBZone small business, it shall enter “yes.” If an Offeror is not a HUBZone small business, it shall enter “no.” Other than this cell, which is colored in gray to signify Offeror completion, Tables B-3, B-6, B-9, and B- 12 require no other completion of any kind and shall not be altered by the Offeror in any way. The total that will appear in the bottom right corner is the Offeror’s Evaluated Price for that particular ricing scenario. This amount is based on the Of-feror’s proposed Labor Category/price times the Offeror’s proposed hours, added to the Offeror’s proposed ODC Category/ multipliers times the Offeror’s proposed ODC amounts, and then added to the HUBZone price adjustment unless the Offeror is a HUBZone small business and is claiming exemption from the price adjustment. The HUBZone price adjustment is further explained in Section I, under FAR 52.219-4, and M.3 (d).

(5) Rolled Up Total Evaluated Price C-1 Tab. This table rolls up the totals found in Tabs B-3, B-6, B-9 and B-12 to give an overall Total Evaluated Price (TEP). Table C-1 requires no other completion of any kind and shall not be altered by the Offeror in any way.

B.4 Unit Prices

(a) All contract unit prices and multipliers (applied to other direct cost items) shall be as specified in the pricing tables contained in Attachment (B.1). The basic contract line item number (CLIN) structure includes individual pricing tables segregated by contract period and the type of service. Each CLIN includes a one-digit prefix, a four- digit core number, and a two character suffix. The first digit represents the contract period, i.e., for the Base Period, the first digit for all CLINs is "0"; for Option Period 1, the first digit for all CLINs is "1", etc. The first digit of the core number represents the Unit Price Table category, i.e., “1" indicates a Labor Category;

“2" indicates Other Direct Cost. The remaining three digits represent the specific labor category. The two character suffix is either “RT” for regular time, “OT” for overtime, or “OC” for other direct cost. For example, if the first labor category were a “Senior 3 – Pi-lot,” regular time, during the base period of the contract, its CLIN would be under CLIN 0-1001-RT.

(b) The following definitions apply to the pricing tables:

(1) Hourly Rates. Services obtained on a LH or T&M basis at the low, mid or high hourly rates (fixed unit prices) spe-cified in Attachment (B.1) for a given task order. All prices must be fixed unit prices that include all costs (fringe benefits, overhead, and general and administrative (G&A)) and profit necessary to provide the level of service specified in the contract and/or task order. These rates and associated labor expertise categories are not only for evaluation purposes. They shall carry forward to the awarded contract as the contract rates.

(2) Regular Time (RT). The billable rate for hourly personnel acquired via task order, or the billable hourly rate for salaried personnel acquired via task order. A normal schedule will consist of five (5) eight (8) hour work days excluding, where practical, Saturday, Sunday, and the Federal holidays listed in Section H.15.

(3) Overtime (OT). For employees working in excess of a forty (40) hour work week, the billable rate for the excess hours is the “overtime” rate. Overtime will only be allowed if specifically authorized in the task order itself, or authorized in advance in writing (including e-mail or fax) by the Contracting Officer’s Representative (COR), see Section G.1. All overtime work shall be billed at the proposed “regular time” rates. Overtime is not considered in the calculation of the Evaluated Prices in Tables B-3, B-6, B-9, B-12, or in the Total Evaluated Price in Table B- 13.

(4) Other Direct Costs (ODC). Government defined classes or categories of supplies and services as detailed in the pri-cing table, Attachment (B.1), which are not included in the hourly rate unit prices but are required to complete a given task or-der that is issued on a T&M basis or to price a fixed-price task order issued on a per lot basis. See also B.5 below.

(5) Multiplier. The decimal factor (fixed multiplier) to be applied against the actual cost of an "other direct cost" item to cover administrative handling expenses.

NOTE: The ODCs and multipliers are not only for evaluation purposes. They shall carry forward to the awarded con-tract as the contract rates.

15JPSS19R00000014 Page 7 of 81

(c) Reserved.

(d) The appropriate fixed hourly rates and the ODC multipliers shall apply for the duration of the task, except when the period of performance of a task crosses a contract year and the Government has exercised its option to extend the overall contract. In these cases the then current year contract rates/multipliers shall apply for the balance of the task order performance, effective at the begin-ning of the then current contract year.

(e) A task order may include any combination of unit pricing to appropriately reflect the requirements, conditions and constraints.

B.5 Other Direct Costs

B.5.1 Materials and Training

(a) Materials and training procured on behalf of the Government under this contract will generally be exempt from State and local taxes. The Contracting Officer will provide a completed Standard Form 1094, U.S. Tax Exemption Certificate where appropriate (see Federal Acquisition Regulation (FAR) Part 29).

(b) If in the Government's interest, the Contracting Officer may issue a letter(s) to the Contractor authorizing the Contractor to util-ize Government sources of supply (e.g., General Services Administration supply schedules) for materials and training procured on be-half of the Government under this contract (see FAR Part 51).

B.5.2 Travel

(a) As a general rule, local travel will not be reimbursed under this contract. Examples of local travel which will not be subject to re-imbursement are travel to and from normal job site and supervisory personnel traveling to a Government site or alternative facility to oversee operations. Personnel temporarily working at a Government site or alternative facility shall consider such facility his/her nor-mal job site.

(b) All reimbursable long distance travel shall be part of the task proposal, with specific trips approved in advance by the COR. Reim-bursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31 of the FAR. Travel requirements under this contract shall be met using the most economical form of transportation available. If eco-nomy class transportation is not available, the Contractor shall submit to the COR a request for advance approval to utilize higher class travel. All travel shall be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Individual ‘travel authorization letters’ may be provided to the Contractor (for all Contractor personnel who are required to travel) which may al-low Contractor personnel to receive Government rates when on long distance travel. The current Federal Travel Regulations and per diem rates can be accessed atwww.gsa.gov/federaltravelregulation.

(c) The Government encourages advance airfare purchases to take advantage of advanced purchase discounts. If the trip is canceled or travel dates are changed due to the Government’s actions, the Government will, absent special circumstances, pay airline cancellation charges or airline charges for changes in the travel dates.

FAR 52.219-4

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Section C - Description/Specifications/Statement of Work

Clauses By Full Text

C. SOW Contents This Statement of Work (SOW) is structured as follows:

• C.1: Purpose

• C.2: Introduction

• C.3: Management and Administration

• C.4: Scope

• C.5: Specific Tasks

• C.6: Performance and Quality

• C.7: Government-Furnished Property and Services

• C.8: Contractor-Furnished Property and Services

• C.9: Records and Document Management

• C.10: Deliverables

• C.11: Publications and Forms

A list of the acronyms and definitions used throughout this SOW is provided in Technical Exhibit 1.

C.1 Purpose The purpose of this Statement of Work (SOW) is to provide comprehensive asset recovery support services and support to Department of Justice (DOJ), Department of Treasury (Treasury), and Department of Homeland Security (DHS) forfeiture program investigative agencies, as well as prosecutors and United States Marshals Service (USMS), Treasury and DHS property custodians in cases where some or all of the assets under consideration are located outside the United States (U.S.) and its territories.

C.2 Introduction Law enforcement efforts in pursuing forfeitable assets beyond the borders of the United States have become increasingly effective over the past few years. The Department of Justice therefore has a need for an International Asset Recovery Support Services Con-tract to support DOJ, Department of the Treasury (Treasury), and Department of Homeland Security (DHS) law enforcement agencies involved in federal seizure and forfeiture activities.

Services provided under this contract will assist in the recovery, evaluation, and repatriation of illicit assets to the U.S. for disposition and will facilitate the U.S. Government’s ability to investigate, identify, restrain, forfeit, and dispose of assets primarily in cases where assets are located abroad. This contract will also provide a means to further the U.S. Government’s assistance to foreign governments in the confiscation and disposition of assets pursuant to their respective laws.

The Government will provide sufficient guidance,, and direction to ensure that no Contractor work involves inherently governmental activities.

Further, the Contractor shall only perform routine asset recovery activities under the close oversight of authorized Government offi-cials.

C.2.1 Background

(1) The extraterritorial jurisdiction provided by statute gives federal prosecutors a powerful mechanism to deprive criminals and criminal enterprises of the proceeds and instrumentalities of their illegal activities, wherever those assets may have been transferred.

The ability to obtain forfeiture orders in the United States for property abroad can result in substantial benefits to international asset recovery efforts, both by facilitating the repatriation of illicit assets to this country for disposition and sharing under U.S. law and by providing a means to assist foreign governments in the confiscation and disposition of assets pursuant to their own laws.

(2) Forfeiting foreign based property can have an impact on not just the immediate criminal investigation, but on international rela-tions as well. Because of this, investigators or prosecutors work closely with the DOJ Criminal Division’s Office of International Af-fairs (OIA) whenever foreign assets might become subject to a U.S. forfeiture judgment. The extent and speed of in-country forfeiture assistance can vary greatly depending upon treaty obligations and the operation of foreign domestic law. International requests for legal assistance can touch upon diplomatically sensitive issues and may require coordination with foreign or other domestic investiga-tions.

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(3) The OIA is the designated central authority under an extensive network of treaties and agreements which provide the basis for federal prosecutors to make requests for evidence and forfeiture related assistance. OIA works closely with the DOJ Criminal Divi-sion’s Money Laundering and Asset Recovery Section (MLARS) and its International Unit (IU), when a case involves forfeiture re-covery of property overseas. Each case is different and the degree of assistance provided to the U.S. often varies depending on the jur-isdiction where property is located. In some instances the foreign jurisdiction will be able to enforce a U.S. forfeiture judgment and will be able to assist in the disposition of the assets. However, in many instances the foreign jurisdiction lacks the laws and resources to provide such assistance but will allow the U.S. to take appropriate steps to recover assets.

(4) To date, international asset recovery support has been accomplished on a case-by- case basis through separate procurement ac-tions as each case presents itself. The Government seeks to reduce duplicative procurements, achieve cost savings through a pre-competed acquisition, and streamline the procurement process through a single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract with a highly experienced and expert firm that can provide the full scope of services required for all international asset recov-ery cases. This contract will not replace any other services under other contracts available to law enforcement.

C.2.2 Types of Forfeitures The types of forfeitures for which asset recovery services may be required include: criminal forfeiture and civil judicial forfeiture.

• Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in perso-nam (against the person) action and requires that the Government indict (charge) the property used or derived from the crime along with the defendant. If the jury finds the property forfeitable, the court issues an order of forfeiture.

For forfeitures pursuant to the Controlled Substances Act (CSA), Racketeer Influenced and Corrupt Organiza-tions (RICO), as well as money laundering and obscenity statutes, there is an ancillary hearing for third parties to assert their interest in the property. Once the interests of third parties are addressed, the court issues a final forfeiture order.

• Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.

C.2.3 Types of Custody In a criminal forfeiture action, property subject to forfeiture may be seized pursuant to a criminal seizure warrant, or upon entry of a preliminary order of forfeiture. In a civil forfeiture action, property subject to forfeiture is generally taken into custody pursuant to a seizure warrant, or a warrant of arrest in rem in a civil judicial forfeiture action where the property was not previously seized. The Contractor shall be tasked to provide custody or assist the Government as described generally below and more specifically in task or-ders issued under this contract.

• Regular Custody: The Contractor shall take physical possession of seized property, inspect and condition the property for return to the U.S. or designated U.S facility (including aircraft, vessels and conveyances), transport the property, provide secure storage, control access to property, and dispose of property as required by a task order.

• Administrative Custody: The Contractor shall provide secured space and containers for sensitive property.

The seizing agency strictly controls access to such Administrative Custody containers (e.g. locked conex con-tainers).

• Custody Pending Inventory: When directed, the Contractor shall take custody of certain property without con-ducting an inventory until the seizing agency arranges for a joint inventory at a later date. This must be docu-mented on the appropriate chain of custody form by the seizing agent.

• Agency Custody: The seizing agency retains physical custody of property.

C.2.4 Workload Data and Information The asset recovery support work to be performed by the Contractor is described throughout this SOW, with specific tasks identified in Section C.5. Since the broad scope of this contract is unlike any that currently exists and since no existing contract offers an expedited approach to the full scope of asset recovery services needed by federal law enforcement on an international scale, it is difficult to ac-curately predict workload data that is relevant to the future. Further, it is difficult for the Government to predict the ongoing fre-quency of such criminal activity. However, for purposes of providing a rough workload estimate for this SOW, DOJ anticipates ap-proximately twelve (12) to fifteen (15) international asset recovery cases per annum which would require services under this contract.

It should be noted that the scope and level of complexity of each task order may vary.

C.3 Management and Administration

(1) This SOW requires timely and responsive services and technical excellence, and task orders will often require the Contractor to re-spond to extremely rare needs in a time- sensitive environment. The Contractor shall perform under the direction of the DOJ Con-tracting Officer (CO), and task orders shall be issued by the DOJ CO upon receipt of a requirement from the Criminal Division’s Con-tracting Officer’s Representative (COR). The COR will also provide technical guidance and contractual oversight within the scope of the SOW and task orders. The CO may also designate specific technical representatives, henceforth designated as Technical Assist-ants (TA) to provide contractor oversight and authorize work. The DGO may be the COR, a technical expert, or the Government rep-resentative for a specific case. Each task order will identify the CO, COR and TA(if applicable). As applicable, the Contractor shall comply with country-specific laws to the extent consistent with U.S. law.

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(2) While it is not feasible to identify and anticipate all services for which task orders may be issued under this contract, the Contractor may be required to provide assistance necessary to affect the results of the Government’s decision to seize, detain, inventory, safe-guard, maintain, advertise, sell, or dispose of property under investigation, seizure, detention, or forfeited pursuant to any law enforced or administered by DOJ, Treasury, or DHS.

(3) The Contractor will be requested to provide services to support asset recovery work undertaken through formal methods (e.g., let-ters rogatory, Mutual Legal Assistance Treaties (MLATs), and executive agreements) as well as a variety of informal methods of ob-taining assistance in particular cases in certain countries where such action has the consent of the host country or would not be per-ceived to violate its sovereignty or be regarded as conducting unauthorized law enforcement operations on foreign soil.

(4) Although the DOJ MLARS is the sponsoring office for this contract, the contract may be used at the Government's discretion to satisfy the needs of any DOJ component or in support of any other federal agency's law enforcement mission. Notwithstanding spon-sorship, tasks other than those specifically identified in this contract may be ordered by the Government so long as they fall within the general scope of work, have appropriate funding, and have the express approval of the CO. Such tasks may involve direct and incre-mental costs that are specifically identifiable to a task order and may be of limited duration. The Government will work closely with the Contractor to scope out newly identified requirements that fall within the scope of this contract but may not have been foreseen at the time the RFP was written. For example, while the Offeror shall not assume the need to manage rental properties or operate an on-going business under this contract, should these special needs arise, the Government will work with the Contractor as appropriate to define specific requirements.

(5) Prosecuting and Investigative Agencies authorized to request task orders under this contract include all DOJ, Treasury and DHS law enforcement agencies that have forfeiture authority and are participants in the DOJ Assets Forfeiture Fund (AFF) or the Treasury Forfeiture Fund (TFF), including future participants as admitted from time to time. The DOJ CO will only issue task orders pursuant to prosecuting attorney or supervisory case agent requests (e.g., task orders will not be issued for forfeiture fund participants that do not have forfeiture authority or custodial responsibilities). While the required tasks are generally similar for all law enforcement agen-cies issuing task orders under this contract, the individual mission of each agency and component will affect the emphasis and proced-ures of the tasks. See Technical Exhibit 2 for further information regarding AFF and TFF participants.

C.3.1 Process Requests for international asset recovery services will be specified through task orders issued under the terms of the contract. Task or-ders will only be issued pursuant to prosecuting attorney or supervisory case agent requests. Prosecuting and investigative agencies authorized to request task orders through the Criminal Division’s COR under this contract include all DOJ, Treasury and DHS law en-forcement components that have forfeiture authority and are participants in the DOJ Assets Forfeiture Fund (AFF) or the Treasury Forfeiture Fund (TFF) -- including future participants as admitted from time to time.

C.3.2 Work Location The Contractor shall provide the resources necessary to meet the Government’s requirements specified in this SOW, regardless of loc-ation.

C.3.3 Personnel Requirements

(1) The Contractor shall provide a sufficient number of employees with the training, skills, experience, and knowledge to perform the services in this SOW in accordance with the specified performance standards.

(2) Training of personnel to perform contract requirements shall be the responsibility of the Contractor.

(3) The Contractor shall maintain a pool of permanent and appropriately cleared individuals for Key Personnel positions at a level that the Contractor deems necessary to perform work under this contract. (See Section H.9). The Contractor shall provide specialized personnel and subject matter experts when necessary to successfully perform services in a task order. Specialized task order-specific personnel required under this contract may include, but are not limited to, pilots, veterinarians, expert legal consultants, subject matter experts, etc. To the extent possible, the Government will advise the Contractor in obtaining subject matter experts known to or quali-fied by the Government. In other cases, the Contractor shall have the capability to independently obtain the proper resources to meet the requirements specified in individual task orders. For example, if a Constitutional law expert is required in the Czech Republic, DOJ may provide the Contractor with a list of experts in this specific area of work. In cases where in-country subject matter experts are required, DOJ will work with the Contractor and other agencies as appropriate to ensure that local nationals, subject matter experts and specialized personnel performing work under this contract meet all necessary security requirements.

(4) Each employee of the Contractor working under this contract is subject to the security requirements included in Section H.17 or the individual task order. The Contractor shall coordinate with DOJ to obtain appropriate clearances for its key personnel during the Transition/Phase-In Period. For specialized personnel and subject matter experts specifically required by a task order, the Contractor shall work with the COR to obtain appropriate security clearances. In these cases, the COR will work to expedite any necessary clear-ances. While security requirements may vary by agency and by task order, DOJ will work with Contractor personnel and other agen-cies as appropriate to ensure proper security clearances are obtained.

(5) The Contractor shall ensure that sufficient on-board, cleared personnel are available and ready to perform international asset recov-ery work within ten (10) days after each task order has been awarded.

C.3.4 Interfaces and Coordination

1. DOJ Criminal Division will perform or assist agencies in ensuring all necessary inter- and intra-agency coordination is accom-plished prior to issuing a task order to the Contractor. Further, while the Contractor may work closely with program officials from the DOJ/Treasury/DHS agencies, all Contractor activities will be directed via Task Order through the DOJ CO, with requirement origina-tion and technical guidance from the COR in consultation with the International Unit, OIA, Department of State, and the Embassy to

15JPSS19R00000014 Page 11 of 81 include the appropriate legal attaché, to ensure that activities are in accordance with any country-specific protocols, laws, regulations, etc. DOJ will also assist with security and country clearance requirements prior to issuing a task order to the Contractor.

2. Note that other than as described in this solicitation and through charges that include the absorption of indirect costs, the Gov-ernment does not intend to fund the costs of any existing systems or support facilities required by the Contractor to perform the work specified in this SOW. New infrastructure or other necessary costs which are both direct and incremental to a specific task order shall be includable in the related invoice(s).

C.4 Scope

(1) The Contractor shall provide all personnel, equipment, materials, supervision, and other items and services necessary to perform international asset recovery support services as defined herein.

(2) The Contractor shall provide asset recovery support services worldwide including, as required by the task order, those interna-tional investigations where a portion of the assets involved in the case are located within U.S. jurisdiction. This international asset re-covery support services contract shall include, but not be limited to: support for U.S. officials and delegated authorities who seek to in-vestigate, identify, restrain, forfeit, and dispose of assets under strict requirements the Government places on international law en-forcement activities.

C.5 Specific Tasks At the direction of the CO, the Contractor shall perform the following tasks under task orders issued under this contract. Due to the variety in international asset recovery cases, task orders issued under this contract may not require all of the services specified herein.

Task orders will clearly specify the support services required.

The Contractor shall perform work in strict compliance with all requirements pertaining to international investigative procedures and protocols established by OIA, MLARS, and EOUSA as set forth in the Criminal Resource Manual, USA Book, Asset Forfeiture Manual, and other authoritative guidance. The Government will provide the Contractor with information needed to establish a clear understanding of Government policy and procedures covering international law enforcement considerations such as treaty issues and agreements pertaining to seizing and forfeiting assets abroad.

Decisions regarding the seizure or disposition of property will be made by Government employees, and the Contractor will perform the work necessary to affect the results of the Government’s decisions. Further, the Government will provide sufficient guidance, su-pervision, and direction to ensure that no Contractor work involves inherently governmental activities.

C.5.1 Investigative Support Services Upon request, the Contractor shall conduct investigative work including detailed analysis of records to accomplish the goals of the for-feiture-related aspects of the investigation(s). Records made available for analysis may include books, ledgers, payrolls, cost reports, billing statements, invoices, correspondence, computer data, bank statements, and other records pertaining to transactions, events, or allegations under investigation. This analysis should be sufficient to perfect legally the Government’s interest in forfeitable assets, as well as determine an amount to seek for forfeiture and trace the proceeds of the criminal activity to identify forfeitable assets. This analysis should include the identification of substitute assets where such exist.

The Contractor shall also:

(a) Provide expertise to conduct a detailed analysis of telephone and dialed number recorder records, and then compare that information to financial, business, and other records to trace the transfer of funds and identify forfeitable assets.

(b) Provide individuals with expertise in the operation and valuation of specific business entities for the purpose of con-ducting an analysis to determine the degree to which criminal activity contributed to the overall worth of the business and/or the amount of illegal proceeds generated from the criminal business practices. This analysis will be used in determining the amount to seek for forfeiture and will provide the probable cause for the seizure and subsequent forfeiture of the assets.

(c) Conduct in-depth reviews of documentation relating to specific investigations for the purpose of establishing the prob-able cause for the seizure and forfeiture of assets. This review, and the resulting work product, should be sufficient to function as an attachment providing probable cause to a seizure warrant or warrant of arrest in Rem.

(d) Perform analyses of complex financial, business and other records, documents, and events, and then organize and dis-play these items in a manner that facilitates the determination of probable cause for seizure, and the presentation of evidence during the forfeiture portions of trials or pre- trial hearings and meetings.

(e) Provide qualified professionals to interact with investigators and analysts of the component agencies, as specified in individual task orders. The professional(s) will assist investigators in developing the forfeiture-related aspects of investigations and draw upon their experiences to provide advice and guidance to agency personnel.