IAR_SOW_Consolidated_Technical_Exhibits.docx

INTERNATIONAL ASSET RECOVERY SUPPORT SERVICES STATEMENT OF WORK (SOW)

TECHNICAL EXHIBITS

Table of Contents

RFP NO. 15JPSS18R00000014, PROCUREMENT SENSITIVE – FOR OFFICIAL USE ONLY

DJJE-13-RFP-0765, PROCUREMENT SENSITIVE – FOR OFFICIAL USE ONLY

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TECHNICAL EXHIBIT 1

ACRONYMS AND DEFINITIONS

ACRONYMS

Acronyms included in the table below are those stated throughout the SOW and do not necessarily reflect all acronyms related to DOJ asset recovery.

DEFINITIONS

Definitions listed below are for terminology used throughout the SOW, and do not necessarily reflect all terms related to DOJ asset recovery.

TECHNICAL EXHIBIT 2

CURRENT ASSETS FORFEITURE FUND AND TREASURY FORFEITURE FUND PARTICIPANTS

Assets Forfeiture Fund Participants The Assets Forfeiture Fund (AFF) was established to receive the proceeds of forfeiture and to pay the costs associated with such forfeitures, including the costs of managing and disposing of property, satisfying valid liens, mortgages, and other innocent owner claims, and costs associated with accomplishing the legal forfeiture of the property. The following is a list of the current participants in the AFF:

DOJ Components

· DOJ Bureau of Alcohol, Tobacco, Firearms & Explosives: Enforces the federal laws and regulations relating to alcohol, tobacco, firearms, explosives, and arson by working directly and in cooperation with other federal, state, and local law enforcement agencies. ATF has the authority to seize and forfeit firearms, ammunition, explosives, alcohol, tobacco, currency, conveyances, and certain real property involved in violation of law.

· DOJ Drug Enforcement Administration: Enforces the controlled substances laws and regulations of the United States and recommends and supports non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets. DEA is responsible for investigations, seizures, and administrative forfeiture processing and has secondary responsibility for property management and disposition.

· DOJ Federal Bureau of Investigation: Investigates a broad range of criminal violations, integrating the use of asset forfeiture into its overall strategy to eliminate targeted criminal enterprises. The FBI has successfully used asset forfeiture in White Collar Crime, Organized Crime, Drug, Violent Crime, and Terrorism investigations. The FBI is responsible for investigations, seizures, and administrative forfeiture processing and has secondary responsibility for property management and disposition.

· DOJ US Attorney's Office (USAO): The USAO is responsible for the prosecution of both criminal and civil actions against property used or acquired during illegal activity. Each of the 94 offices handles civil and criminal forfeiture cases.

· DOJ US Marshals Service (USMS): USMS is the primary custodian of seized property for the DOJ Asset Forfeiture Program. USMS manages and disposes of the majority of the property seized for forfeiture.

· DOJ Asset Forfeiture and Money Laundering Section (AFMLS), Criminal Division: AFMLS holds the responsibility for coordination, direction, and general oversight of the DOJ Asset Forfeiture Program. AFMLS handles civil and criminal litigation, provides legal support to the US Attorneys' Offices, establishes policy and procedure, coordinates multi-district asset seizures, administers equitable sharing of assets, acts on petitions for remission, coordinates international forfeiture and sharing, and develops training seminars for all levels of government.

Components Outside DOJ

· Other DOJ Asset Forfeiture Participants: There are several organizations outside the DOJ who participate in the DOJ Asset Forfeiture Program. This list may change as additional agencies and offices become part of the DOJ program. These agencies currently participate and may require support by the range of services covered by resulting contract(s). The magnitude and emphasis of each action will vary among the agencies/components.

· United States Postal Inspection Service (USPIS): USPIS makes seizures under their authority to discourage profit-motivated crimes such as mail fraud, money laundering, and drug trafficking using the mail.

· Food and Drug Administration (FDA): FDA's Office of Criminal Investigations has made seizures involving health care fraud schemes, counterfeit pharmaceuticals, illegal distribution of adulterated foods, and product tampering.

· United States Department of Agriculture (USDA), Office of the Inspector General (OIG): USDA OIG’s mission is to promote effectiveness and integrity in the delivery of USDA agricultural programs. Forfeiture is integrated as an important law enforcement tool in combating criminal activity affecting USDA programs.

· Department of State, Bureau of Diplomatic Security: The Bureau of Diplomatic Security investigates passport and visa fraud and integrates asset forfeiture into the strategy to target the profits made by vendors who provide fraudulent documentation or others who utilize fraudulent visas and/or passports to further their criminal enterprises.

Treasury Forfeiture Fund Participants The Treasury Executive Office for Asset Forfeiture (TEOAF) administers the Treasury Forfeiture Fund (TFF). The TFF is the receipt account for deposit of non-tax forfeitures made pursuant to laws enforced or administered by participating Treasury and DHS agencies. The following is a list of the current participating agencies in the TFF:

· Treasury Forfeiture Fund Participants: The Treasury Executive Office for Asset Forfeiture (TEOAF) administers the Treasury Forfeiture Fund (TFF). The TFF is the receipt account for deposit of non-tax forfeitures made pursuant to laws enforced or administered by participating Treasury and DHS agencies. The TFF participating agencies are:

· Internal Revenue Service Criminal Investigations Division (IRS-CI), US Department of the Treasury;

· US Immigration and Customs Enforcement (ICE), Department of Homeland Security;

· US Customs and Border Protection (CBP), Department of Homeland Security;

· US Secret Service (USSS), Department of Homeland Security;

· US Coast Guard, Department of Homeland Security.

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TECHNICAL EXHIBIT 3

MANDATORY PROCEDURES FOR HANDLING ADVERSE INCIDENTS

1) Scope: A separate adverse incident report must be generated for each individual case number impacted by the incident. Each adverse incident report must be tracked and closed out separately.

2) Action to be taken by the Contractor:

a) Reportable Incidents - Shall include, but are not limited to:

i) Compromised containers

ii) Missing property

iii) Damaged property

iv) Suspected stolen property

v) Suspected improper or illegal bidder activity

vi) Suspected improper or illegal sales activity

vii) Suspected improper or illegal sub-contractor activity

viii) Compromise of facility security, e.g., unauthorized access and lost/theft of keys

b) Report timeliness – As stated in Section C.6.4.1 of the SOW, initial notification of an adverse incident shall be provided to the CO/COR, by electronic means, by close of the following business day after the adverse incident is identified. This communication will be made via email.

c) Initial notification content – As specified in Section C.6.4.1 of the SOW, the Contractor shall provide the following information to the CO/COR in its adverse incident report:

· Case number/sequence number.

· Asset Identification Number

· Container number (for property in administrative custody).

· Description of the property.

· Type of incident (e.g., loss, damage, or destruction of property or injury).

· Location of the incident.

· Date and time of incident.

· Date and time incident discovered.

· The Appraised Value (APV) and the Fair Market Value (FMV) of the loss if applicable.

· The probable cause of the incident.

· Names of any witnesses.

d) Lockdown procedures:

i) Any decision to suspend a transaction that is the subject of an allegation will be made by the CO/COR.

e) Contact with, or response to, a party making an allegation:

i) Upon receipt of an allegation from a person who is not an employee of the Contractor or one of its sub-contractors, the Contractor:

(1) shall advise the reporting party that the information will be provided to the CO/COR by close of the following business day.

(2) shall advise the reporting party that any future communication regarding the incident will be with the CO/COR or designated representative.

(3) shall not provide the reporting party with any opinion regarding the allegation made, or any assessment of the information provided.

(4) shall not provide notice to the seizing agency. This notification, if appropriate, will be made by the CO/COR.

f) When any incident involves compromised, missing, or damaged property, or compromise of facility security, the Contractor shall make all necessary and appropriate inquiries, and provide a final report to the COR.

3) Action to be taken by the CO/COR:

a) Within 24 hours of an initial report of an allegation made by a non-employee, the CO/COR will:

i) Contact the Contractor’s management at Headquarters and provide the name of the Government employee/representative that has been assigned to review the incident.

ii) Notify the seizing agency, as the situation dictates.

iii) Provide the Contractor with interim direction regarding any related pending transaction.

b) Within 48 hours of receipt of the information, the CO/COR will contact Contractor’s management, who will provide the employee/representative with all related information/documentation.

c) Within 48 hours of receipt of the information, the CO/COR will, if necessary, contact the Contractor’s management to obtain any relevant information available from that source.

d) Within three (3) business days of receipt of the information, the CO/COR will provide a summary report to DOJ management. The report will contain the following information:

i) A summary of the incident/allegation.

ii) Identification of all property involved.

iii) The names of all individuals contacted and the method of contact for each.

iv) The substance of the information received from each individual.

v) The nature and extent of any related site visits.

vi) A recommended course of action; which will be one or more of the following:

(1) Report the incident to the Agency OIG.

(2) Implement corrective action aimed at preventing similar incidents in the future.

(3) Close the incident to file without action.

e) If circumstances preclude completion of the inquiry within three (3) business days, DOJ management will be notified of the issues preventing completion and the anticipated completion date.

f) A copy of the summary report will be provided to the Contractor where necessary and appropriate.

4) Special Circumstances – Some circumstances may warrant immediate notification of local law enforcement (e.g., burglary of a facility operated by the Contractor or a sub-contractor). In those instances, notification to local law enforcement authorities shall occur contemporaneously with notification to the CO/COR, and the CO/COR shall be advised of the same.

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TECHNICAL EXHIBIT 4

SAMPLE DISPOSITION ORDER

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TECHNICAL EXHIBIT 5

SAMPLE HOLDING COST ESTIMATE

Insert: Name of Contractor

HOLDING COST CALCULATION WORKSHEET

4. DISPOSITION INSTRUCTIONS:

US GOVT. ABSORBED COSTS:

US GOVERNMENT'S RELEASING/REQUESTING OFFICIAL:

NAME

TITLE

TELEPHONE NO. (FAX)

5. IDENTIFICATION OF PROPERTY

6. SPECIAL INSTRUCTIONS

7. RELEASE PROPERTY TO:

Property Owner/Authorized Agent

8. CHARGE BY CLIN

[Date 1]*

9a. Overhead Rate:

9b. Seizure Cost Allocation Used for Calculation:

10. Total Charges to Collect

Contractor Employee Name

12. REMARKS

*HCE to provide costs through the next 30 calendar days, broken out and displayed in ten business day intervals

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TECHNICAL EXHIBIT 6

PERFORMANCE REQUIREMENTS SUMMARY

The following paragraph numbers/sections have been chosen by the Government for performance standard monitoring.

Upon request, the Contractor shall conduct investigative work including detailed analysis of records to accomplish the goals of the forfeiture-related aspects of the investigation(s).

As directed, the Contractor shall provide country- and/or language-specific litigation support services.

The Contractor shall assist in identifying, screening, and selecting foreign expert witnesses.

As specified in a task order, the Contractor shall assist the Government in executing and validating spending under specific international sharing agreements.

As specified in a task order, the Contractor shall assist the Government in a wide variety of assistance services covering an array of assets.

As specified in a task order, the Contractor shall provide pre-seizure coordination and planning services.

The Contractor shall accept custody of property on the date, time, and place specified by the COR.

The Contractor shall verify the chain of custody document provided by the COR for accuracy and completeness.

The Contractor shall address and resolve any discrepancies in item counts on the chain of custody document.

The Contractor shall document unresolved disagreements regarding consignment/acceptance between the Contractor and the COR and process the disagreement as an Adverse Incident.

The Contractor shall identify and label all property with the Asset Identification Number (AIN) and case number/sequence number assigned by the seizing agency and with the current location within the storage facility.

The Contractor shall store property in the most cost-effective method available to prevent any deterioration of the property and to maintain the overall condition of the property as it was at the time of acceptance.

The Contractor shall ensure that seals on sealed packages and containers remain intact.

The Contractor shall make reasonable and best efforts to properly store items that must be cooled, refrigerated, or kept at specific humidity levels to prevent deterioration or spoilage.

As directed by the COR, the Contractor shall make reasonable and best efforts to maintain and preserve property as necessary to ensure that it retains its value, operating ability, and overall condition from the time of acceptance until disposition.

The Contractor shall inspect and replace deteriorating, torn, and damaged packaging for stored property unless under seal of the seizing agency.

As directed, the Contractor shall dispose of seized and forfeited property in accordance with the disposition order signed by the COR.

The Contractor shall provide the COR and seizing agent issuing the disposition order a minimum of two (2) business days advanced notice of the date, time, and location of disposition.

The Contractor shall maintain accurate records of all dispositions.

The Contractor shall provide an electronic copy of the completed disposition order to the COR, and shall send the original authenticated disposition order to the COR within two (2) business days (except for cases involving disposition by sale). If there are multiple case numbers/sequence numbers on the chain of custody document, and there is a partial release, the Contractor shall provide a copy of the original chain of custody document to the COR within two (2) business days of accomplishing the partial disposition.

Upon completion of disposition, the Contractor shall update the ICMIS.

The Contractor shall destroy property within five (5) business days of receipt of the disposition order unless a variance is provided in writing by the COR for unusual circumstances.

When necessary, the Contractor shall request a waiver of the destruction timeframe via an e-mail submitted to the COR.

Upon request of the COR, the Contractor shall submit an accurate Holding Cost Estimate (HCE) and a Government Overhead Cost Estimate (GOCE).

The Contractor shall remit property to the party designated by the COR.

As directed, the Contractor shall release property to the agency organization designated on the signed disposition order.

The Contractor shall release property to agencies designated in writing by the COR.

The Contractor shall pack and prepare seized and forfeited property for shipment to disposition locations.

The Contractor shall conduct sales as directed by disposition orders, to include specifications included on any court/interlocutory orders.

Upon request of the COR, the Contractor shall establish FMV for property at the time it is designated for sale and enter the data into the ICMIS.

For each sale, the Contractor shall prepare a sales plan and schedule to ensure that all deadlines and tasks are completed.

The Contractor shall prepare and distribute sales notices and other sales-related materials for each sale as requested by the COR.

The Contractor shall email a description of the property to be sold to the COR.

The Contractor shall submit the original executed disposition order and other sale or custody documentation to the COR.

The Contractor shall only receive funds and other types of payment from the authorized sources specified in the SOW. If the Contractor receives funds or any other type of payment from any source other than those specified in the SOW, the Contractor shall report the receipt of such funds to the COR.

For each sale, the Contractor shall maintain documentation of accounts receivable, the deposit of monies, and the processing of funds transactions, in a manner approved by the COR.

The Contractor shall maintain financial records for all property dispositions other than sales.

C.5.8.6

Transfer of Funds to the Government Depository Account

The Contractor shall transfer all funds, including seized funds, in accordance with the Treasury Financial Manual to the Government Depository Account Agency Location Code (ALC).

The Contractor shall transfer sale revenue to the ALC.

The Contractor shall send a sale revenue memorandum via fax or electronic means to the COR including the information specified in the SOW.

All funds collected by the Contractor shall be deposited or transferred to the ALC.

The Contractor shall provide to the COR, via electronic means, a Revenue Detail Sale report.

The Contractor shall provide to the COR, via electronic means, a monthly report with narrative detail and reconciliation of all sale and non-sale collections made during the prior month.

The Contractor shall provide the COR with copies of monthly bank statements for the entire fiscal year from each bank that is used to deposit monies.

The Contractor shall submit a Final Revenue/Expense Sale Report to the COR.

The Contractor shall resolve all discrepancies regarding transferred and deposited funds.

The Contractor shall conduct a 100% annual reconciliation inventory for each Contractor-provided storage facility operated under this contract.

Inventories are accurate, comprehensive, and in accordance with industry best practices for 100% inventories.

Contractor cooperates fully with third-party auditors, if so assigned by the Government to assist in or to observe the inventory process.

The Contractor shall correct and update in the ICMIS deficiencies identified by any audit findings.

100% 100% Inspection

As directed by the DOJ CO, the Contractor shall conduct storage location inventories in addition to the annual inspection and audit.

C.5.9.2

Other Randomized Location Inventory

The Contractor shall report all discrepancies found during inventories as Adverse Incidents to the COR.

The Contractor shall reconcile discrepancies in the ICMIS in coordination with the COR.

The Contractor shall provide “around the clock” (i.e. 24-7) work reception with a central telephone number and fax number by which the CO can request services on new or existing task orders. An answering service between 08:00 PM and 08:00 AM Eastern Standard Time and on weekends and holidays is acceptable if it is able to transfer calls to the Contractor’s on-call dispatcher within five (5) minutes.

The Contractor shall provide electronic, readable copies of executed forms to the COR and submit hard copies with original signatures.

Upon request of the COR, the Contractor shall provide to the CO, COR, or any other designated Government representative, access to the records required to be maintained under this Contract.

The Contractor shall maintain and store, in an indexed and readily retrievable form, the records and documentation for a period of one (1) year following the completion of the task order.