Advisory MultiStep Presolicitation.pdf

Pre-Solicitation Notice RFP 15JPSS22R00000040

AFISS 2

1—AFISS 2 Pre-solicitation Notice

This is a pre-solicitation notice that invites potential offerors, pursuant to FAR 15.202 - Advisory Multi- Step Process, to submit preliminary information to allow the Government to determine whether the offeror could be a viable competitor for the Asset Forfeiture Management Staff (AFMS), Asset Forfeiture Investigation Support Services (AFISS2) procurement. DOJ will evaluate all responses in accordance with the criteria stated in this notice, and will advise each respondent in writing, that it is either likely or unlikely to be a viable competitor. DOJ will advise respondents considered not to be viable competitors of the general basis for that opinion. Notwithstanding the advice provided by DOJ in response to submissions, respondents may participate in the resultant acquisition. Information provided may be used as part of DOJ's continuing market research for information and planning purposes and/or for acquisition or procurement strategy implementation. Offers in response to the solicitation will be due within no more than 45 days of issuance of the RFP. All information regarding this opportunity will be posted on SAM.gov for all interested vendors. The solicitation will be posted to SAM.gov’s Contracting Opportunities with the solicitation number, RFP 15JPSS22R00000040.

This notice is not to be construed as a commitment by the Government, nor will the Government pay for the information submitted in response.

DOJ’s Request for Information (RFl), 15JPSS22N00000012, issued on Nov 23, 2021, and the Industry Forum conducted on December 1, 2021, as well as the information attached to the RFl provide detailed information on the AFISS2 requirements and should be adequate for the offeror to make an informed decision about whether to propose. Information provided includes details on the draft Statements of Work/Performance Work Statements based on the current AFISS contracts, details on the AFP organizations and missions supported, current contract performance locations and historical information on the technical skills, capabilities, and experience required. This notice includes a summary of the acquisition strategy, scope, requirements, and information on the technical skills, capabilities, and experience required by labor category.

The summary in this notice is based on the most recent acquisition strategy and AFMS requirements and shall be used in the event that the RFI details conflict.

AFISS2 acquisition strategy and requirement summary

While the procurement strategy and requirement has not yet been fully approved, industry responses to this Advisory Multi-Step process should assume the following strategy elements: (1) use of 561611 – Investigative Services; and (2) a total small business set-aside.

Scope

The contract will be to obtain professional investigative, legal, analytical, and technical support services to support Asset Forfeiture Program (AFP) operations and include program management. The contractor shall provide a team that will increase the capacity for DOJ AFMS or for participating federal agencies to obtain data about licit and illegal typologies and networks through intelligence gathering and cash flow analysis. All contract services are in support of the AFP in the area of law enforcement with specific investigative competency in Forfeiture, Domestic and Transnational Organized Crime, White Collar Crime, Financial/Money Laundering, Cyber Crimes, Drug, Illicit Trade Finance, or similar area of activity.

The contractor shall provide detailed and complex analysis of financial transactions in support of the AFP program for participating federal agencies. The contractor will be required to provide on-site services at Government facilities designated CONUS (Continental United States) and OCONUS (Outside

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Continental United States) to support DOJ, its components, and other Federal agencies identified as AFP Participant Entities.

Contract Type

DOJ intends to issue a multiple award indefinite delivery, indefinite quantity (IDIQ) contract for AFISS2 requirements to qualified small business firms.

Services shall be performed on a time and material basis. The contract line items are

1. Partner/Officer services

2. Project Manager services

3. Senior Financial Investigator services

4. Financial Investigator services

5. Investigative Analyst (IA) services

6. Seized Property Investigator services

7. Legal Advisor (LA) services

8. Forensic Accountant services

9. Computer Forensics Examiner (CFE) services

10. Crypto-Currency SME (CCS) services

Technical skills, capabilities, and experience

The information below is provided based on DOJ market research and previous similar requirements for services. The information below is to provide the recommended categories of services and skills, capabilities and experience that will most likely result in successful performance of AFISS2 requirements.

1. Partner/Officer (PO) – DOJ will require these services to support program management on orders that are of significant complexity and dollar amounts. The services involve the coordination of order services and interaction with the management on orders that require a large number of contractor resources in numerous locations. The services are to be performed by a member of the firm's executive or top management.

2. Project Manager (PM) – The services are required to coordinate and manage large task orders that may contain a significant number of resources, locations and/or provide multiple services (e.g., custodial, and investigative).

3. Senior Financial Investigator (SFI) – The services require the use of working knowledge of current financial investigative techniques, including the use of commercial databases and other sources of information. The contractor organizes and conducts detailed examinations of information generated during complex financial criminal/civil investigations and information available through alternative sources for the purpose of conducting financial analyses of personal/business assets of targeted organizations/individuals. Performance includes the utilization of information obtained as a result of the financial analysis and preparation of documentation for use by law enforcement personnel pursuing civil and criminal forfeiture matters. The contractor shall provide individuals with experience planning, conducting, and participating in complex financial investigations with specialized experience in the area of Forfeiture, Organized Crime, White Collar Crime, Fraud, Drug, Money Laundering, or similar area of criminal activity. Performance requires travel to local establishments to obtain

3—AFISS 2 Pre-solicitation Notice information, so a valid driver’s license is necessary. Individuals performing these services may need to speak to individuals that do not speak English as their first language.

4. Financial Investigator (FI) – Performs the same services as the SFI for lower complexity tasks and investigations. Performance requires law enforcement experience including specialized experience in asset forfeiture or financial investigations. The services shall be performed using working knowledge of current financial investigative techniques, including the use of commercial databases and other sources of information. Performance requires travel to local establishments to obtain information, so a valid driver’s license is necessary. Individuals performing these services may need to speak to individuals that do not speak English as their first language.

5. Investigative Analyst (IA) – Performs investigative analyst services in support of Asset Forfeiture and/or financial investigations identified by the Agency’s Asset Forfeiture Program.

Performance includes the coordination of tasks and services with the Government, or other AFISS contractors. Tasks and services include those necessary to develop the forfeiture processes and procedures associated with an on-going financial investigation. This support shall include the introduction of specific tools and techniques to analyze financial information

6. Seized Property Investigator (SPI) –The services are required to be performed with an expert level knowledge of law enforcement, seized assets, inventory management, and complex asset disposal methods. The contractor shall monitor asset management/tracking systems and coordinate updating of the status of forfeited assets. The contractor shall perform tasks and services necessary to manage and dispose of seized assets including firearms.

7. Legal Advisor (LA) – These services are usually ordered for shorter periods of performance or a more limited duration than the other services on the order. Tasks and services are performed to provide expert legal research, analysis, and writing on sophisticated asset forfeiture issues. The contractor shall provide training on various legal matters relating to asset forfeiture. Performance includes preparation of complex legal documentation, and conducts analysis of facts, evidence, and legal authorities relating to forfeiture investigations and litigation.

Performance requires a Law degree and significant experience in litigating forfeiture-related cases.

8. Forensic Accountant (FA) - These services include task and services necessary to investigate and analyze all components of the financial infrastructure of criminals including syndicates, their methods of criminal money movements, and the professional money laundering infrastructure facilitating these movements. Performance requires demonstration of intermediate to expert knowledge of complex financial investigations, audits, and or analysis in support of the federal government law enforcement or financial institutions.

9. Computer Forensics Examiner (CFE) – Performs task sand services to provide Federal entities with the application of investigation and analysis techniques to gather and preserve evidence from a particular computing device in a way that is suitable for presentation in a court of law. The contractor shall support Federal entities in combatting cyber forensics, to include the acquisition, chain of custody, and analysis of electronic evidence from computers, mobile devices, and other digital storage media. Performance requires demonstration of intermediate to expert knowledge of computer forensics, processing, and analysis of electronic data and have a professional certification such as:

4—AFISS 2 Pre-solicitation Notice

(a) ISFCE CCE - Certified Computer Examiner

(b) SANS CGFA - Forensic Analyst or GCFE- Forensic Examiner

(c) ISC(2) –CCFP - Certified Cyber Forensics Professional

And, one or more of the below certifications is also preferred:

(d) Microsoft Certified Professional (MCP)

(e) Microsoft Certified Solutions Developer (MCSD)

(f) CompTIA Linux+ and CompTIA Server+

(g) Microsoft Certified Solutions Expert (MCSE)

10. Crypto-Currency SME (CCS) - Tasks and services performed include Cryptocurrency analysis, Blockchain analytics, Open Internet, including social media, Deep and Dark Web intelligence gathering and analysis, data analytics, and electronic evidence analysis related to cybercrime investigations. The contractor shall provide individuals that can perform the services required in one of the areas of SFI, LA, FA, or CFE and be a recognized expert in Virtual/Crypto-currency. The contractor shall also be required to develop training and certification for the Government on this specialized areas Services performed shall demonstrate current industry practices in this emerging technology including obtainment of relevant, current training and certification. All orders placed for these services require a review and approval at the task order level from the COR.

Instructions to Potential Offerors

All submissions will become the property of the Government and will not be returned. Proprietary information, if any, must be clearly marked on all material(s) submitted. All information received marked Proprietary will be handled in accordance with 41 USC 2101- 2107. Responding to this pre-solicitation notice is completely voluntary and will not enhance or adversely affect responses to any resulting solicitation if such solicitation is issued at a later date. There is no competitive advantage gained by responding to this pre-solicitation notice. Additionally, the Government will not provide reimbursement for any information that may be submitted in response to this notice. Respondents are solely responsible for all expenses associated with responding to this notice.

Responses shall be in the form of an electronic document using portable document format (PDF) or Microsoft Word. The page limit for all responses is not to exceed fifteen (15) single-sided, 12-point-font size, Times New Roman font, 8½ x 11-inch pages.

Potential offerors interested in participating in this Advisory Multi-Step Process must submit a capabilities statement not to exceed 15 pages that demonstrates their capability to perform the services described herein. The capabilities statement must include:

1. Company Information: company name, address, business size (small, small disadvantaged, women-owned, HUBZone, veteran-owned, or service-disabled veteran-owned), and point of contact (POC) information for the interested firm. Provide information on key subcontractors or other agreements that will be utilized. Any anticipated major subcontracts should be identified by task or service even if a specific subcontractor has not been identified.

5—AFISS 2 Pre-solicitation Notice

2. Corporate Experience Information: Describe the potential offeror’s previous experience in meeting requirements as summarized in this pre-solicitation notice including specific contract references that demonstrate that the firm has performed similar requirements. The prime offeror must provide three

(3) directly relevant past or present references that demonstrate experience with projects of a similar scope and complexity to AFMS AFISS requirements. One (1) reference can be for a major “first-tier” subcontractor. Major or first-tier subcontractor is defined as a subcontract valued at $10 million or more.

The references must be for commercial and/or Federal/State Government contracts for (1) Investigative Support/Analysis (Criminal/Civil); (2) Investigative Analytical Support; (3) Seized Property Analysis and Support and (4) Legal Process Support and (5) related training services. The description of each reference shall demonstrate use of the technical skills, capabilities, and experience similar to those identified in this notice to effectively contribute to complex financial investigations. References must be for work performed as a prime contractor, a team member, or a subcontractor, which are in progress or were completed within the past five (5) years and should clearly identify the role of the prime firm or the “first-tier” subcontractor. The Government is not interested in corporate experience performed as a part of a subsidiary or attributable to a parent organization or similar; and any references would be evaluated least favorably. The response should not include any classified information. For each reference provide the following: -

(a) Customer name and address

(b) Point of Contact (POC) information. (the name, title, telephone number, fax number, email address) for contractual and/or administrative matters (e.g., the Contracting Officer) and technical performance (e.g., the COR or Program Manager). The burden is on the offeror to make sure this data is accurate, current, and complete at the time of proposal submission. Failure to provide accurate, current, and complete POC information may hinder or nullify the full and complete evaluation of an offeror’s proposal and may result in the non-selection of the proposal.

(c) Contract or Project Number, and type of contract

(d) NAICS code

(e) Identify if the work under the contract was performed as a prime contractor, a team member, or a subcontractor

(f) Estimated total dollar value of the contract or project. If performed as part of a team or as a subcontractor, provide the dollar value of your firm’s contribution as well as the estimated total dollar value of the contract

(g) Period of contract or project performance

(h) Describe the key objectives of the tasks performed under the contract including the scope and complexity of the services. Describe any other aspects of the project to demonstrate its relevance to the services contained in this solicitation. Describe the applicable prime/member’s role in the project and the challenges and lessons learned from your experience as the prime or subcontractor

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(i) The average number of staff working on this contract or project and the correlation of labor categories to the labor categories proposed for this solicitation

(j) For each reference for a multiple award contract vehicle, the offeror shall specify: 1) the total dollar amount awarded to the offeror; 2) the total dollar amount awarded to the remaining contract holders; 3) the number of task orders the offeror responded to; 4) the number of task orders awarded to the offeror; and 5) the number of task orders awarded to the remaining contract holders

(k) Include a description of the extent and relevance of the offeror’s experience with contracts of similar scope and complexity demonstrate its capability to successfully perform the requirements complex financial investigations using the technical skills, and capabilities included in this notice. DOJ is interested in detail on the following areas:

i. Personnel to include labor categories, experience, qualifications

ii. The tools, techniques, processes utilized to conduct and support the investigations

iii. Any collaboration, assistance, and expertise provided/associated with a particular investigation

iv. Identification of specific actions taken to advance, enhance, or close an investigation

v. The analysis conducted and conclusions, findings/determinations derived

vi. Disposition of the cases and seizures and forfeitures that resulted

vii. The cases associated with the references provided to include the levels/types

(complexities, types,) of cases

viii. Duration or period of performance especially any performance for an extended duration

(over 12 months of performance).

ix. Location especially information relative to performance of services at geographically disbursed locations

Advisory Notifications

The Government will evaluate each respondent's capability statement to determine if the respondent appears to have the requisite capability and experience to complete the requirements described herein and will advise each respondent in writing, that it will either be likely or unlikely to be a viable competitor for the AFISS2 procurement. Firms considered not to be viable will be provided with the Government's general basis for that finding. However, notwithstanding the initial advice provided by the Government in response to the capability statements, all firms are still considered eligible to participate in the resultant acquisition.

The assessment under this Advisory Multi-Step Process will be conducted by an independent team and the firms participating in the process and their individual assessments will not be disclosed to the Source Selection Evaluation Board. Responses should be received no later than May 17, 2022 at 10:00 AM (local time/Washington, DC time). The Government will confirm response within 2 business days of the time specified for receipt of offers.

Responses shall be emailed to the Contracting Officer, Velvette Clayton at Velvette.clayton@usdoj.gov with the title and pre-solicitation notice number in the subject in order to be considered. The Government does not anticipate that interested offerors will have questions regarding this notice or the dates for the

7—AFISS 2 Pre-solicitation Notice acquisition may need to be updated. If there are questions, then the questions must be emailed to the contracting officer with the subject of RFP 15JPSS22R00000040 Pre-Solicitation. The Government will publish the responses to all questions as one amendment to this notice. All questions will need to be received no later than Monday, May 9, 2022 at 10:00 AM (local time/Washington, DC time).

ATTACHMENT-

RFI 15JPSS22N00000012 Attachments

Performance Work Statement

Performance Locations

Travel Policy

Questions and Answers