MT Region Request For Proposal DJD-12-R-0021.pdf

DJD-12-R-0021

U.S. DEPARTMENT OF

JUSTICE

DRUG ENFORCEMENT

ADMINISTRATON

REGIONAL LINGUIST SERVICES

Mountain Region

Denver and Phoenix Field Divisions

RFP No. DJD-12-R-0021 i

TABLE OF CONTENTS

PART I—THE SCHEDULE

SECTION A – SOLICITATION, OFFER AND AWARD 1

SECTION B – SUPPLIES OR SERVICES AND COST/PRICE

B.1 Items to be Acquired B-1 B.2 Maximum Value and Minimum Guarantee B-1 B.3 Consideration and Payment B-1

SECTION C -- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Introduction C-1 C.2 Background C-1 C.3 Requirements C-1

SECTION D -- PACKAGING AND MARKING

D.1 General Packaging and Marking Requirements D-1

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 Notice Listing Contract Clauses Incorporated by Reference E-1 E.2 Inspection and Acceptance E-1

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 Notice Listing Contract Clauses Incorporated by Reference F-1 F.2 Period of Performance F-1 F.3 Place of Performance F-1 F.4 Hours of Performance F-2 F.5 Deliverables F-2 F.6 Overtime F-5

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Representative (COR) G-1 G.2 Task Monitor(s) G-1 G.3 Contract Administration Points of Contact G-1 G.4 Task Orders G-2 G.5 Invoice Requirements G-4 G.6 Closure of Government Offices G-5 ii

G.7 Contractor Performance Assessment G-6

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 Security Requirements H-1 H.2 Travel Costs H-1 H.3 Nonpayment for Unauthorized Work H-2 H.4 Organizational Conflicts of Interest H-2 H.5 Contractor Personnel Reporting Requirements H-3

H.6 Government – Contractor Relationship H-4 H.7 Mandatory Use of Seat Belts H-4 H.8 Incorporation of Contractor’s Proposal H-4 H.9 Representation Regarding Felony Conviction under any H-4

Federal Law or Unpaid Delinquent Tax Liability H.10 Applicable Wage Determination (Service Act) H-5 H.11 Employee Polygraph Protection Act of 1988--Exemption H-6 for National Defense and Security H.12 Continuing Contract Performance During Pandemic H-6 Influenza or Other National Emergency

H.13 Use of Government Facilities H-8 H.14 Approval Required for Advertising and Media Releases H-8

PART II—CONTRACT CLAUSES

SECTION I -- CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) I-1 I.2 Clauses Incorporated by Full Text I-3

PART III—LIST OF DOCUMENTS, EXHIBITS,

AND OTHER ATTACHMENTS

SECTION J -- LIST OF EXHIBITS AND ATTACHMENTS

Exhibits:

J-E-1 Sample Administrative Report J-2 J-E-2 Foreign Language Requirements J-3 J-E-3 Quality Control Plan J-7 J-E-4 Subcontracting Plan J-8 J-E-5 Required Languages J-9 J-E-6 Acknowledgement Certification J-10 J-E-7 Contractor Performance Assessment Report System J-11 J-E-8 DEA clause, DEA-2852.204-84 J-15 J-E-9 U.S. Department of Labor Wage Determination J-37 J-E-10 Fraud Poster J-44

J-E-11 WH-1313 J-45

iii

Attachments:

J-A-1 Sample Task Order/Pricing Evaluation Sheet J-46 J-A-2 Past Performance Questionnaire J-51 J-A-3 Subcontracting Consent Form J-57

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K -- REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

K.1 52.204-8 Annual Representations and Certifications K-1 K.2 DEA-2852.209-72 Certification Regarding Felony Conviction K-5 Under Any Federal Law or Unpaid Delinquent Tax Liability K.3 52.209-7 Information Regarding Responsibility Matters K-6 K.4 52.230-1 Cost Accounting Standards Notices and Certification K-7 K.5 52.2307 Proposal Disclosure—Cost Accounting Practice Changes K-10

SECTION L -- INSTRUCTIONS, CONDITIONS, AND NOTICE TO

OFFERORS

L.1 Solicitation Provisions Incorporated by Reference L-1 L.2 Data Universal Numbering System (DUNS) Number L-1 L.3 Service of Protest L-2 L.4 Protests Filed Directly with the Department of Justice L-3 L.5 Commitment of Government to Award a Contract and L-5 Expenditure of Funds L.6 Alternate Proposal Information L-5 L.7 Offeror Acceptance Period L-5 L.8 Communications L-5 L.9 Proposal Preparation Instructions L-5 L.10 Type of Contract L-12 L.11 Small Business Subcontracting Plan L-12 L.12 Time, Date and Place for Submission of Proposal L-12 L.13 Final Proposal Revisions L-13 L.14 Disposition of Proposals L-13 L.15 Non-Government Personnel L-13 L.16 Requirements for Certified Cost or Pricing Data and Data L-14 Other Than Certified Cost or Pricing Data with Alternate IV

SECTION M -- EVALUATION FACTORS FOR AWARD

M.1 Notice Listing Solicitation Provisions Incorporated by Reference M-1 M.2 Evaluation M-1 M.3 Basis for Award M-5

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

(15 CFR 700)

RATING OMB Clearance Control Number : 1103-0018

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

DJD-12-R-0021

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

05/03/2012

6. REQUISITION/PURCHASE

NUMBER

CODE HQ

DEA Headquarters 8701 Morrissette Drive Attn: Thomas Mmbaga (FACA) Springfield, VA 22152

7. ISSUED BY

DEA Headquarters 8701 Morrissette Drive Attn: Thomas Mmbaga (FACA) Springfield, VA 22152

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

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

SOLICITATION

14:00:00 06/05/2012 (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

Thomas Mmbaga

AREA CODE

NUMBER

307-9358

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 1 X I CONTRACT CLAUSES 8

X B SUPPLIES OR SERVICES AND PRICES/COSTS 5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT 11 X J LIST OF ATTACHMENTS 65

X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 1 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 5

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 14X G CONTRACT ADMINISTRATION DATA 7

X M EVALUATION FACTORS FOR AWARD 6X H SPECIAL CONTRACT REQUIREMENTS 8

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(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

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)

(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)

DJD-12-R-0021 Page 1

B-1

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 ITEMS TO BE ACQUIRED

The Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary to, or incident to, performing and providing Regional Linguist Services, to include analysis, monitoring, transcription, translation, interpretation, validation and receiving minimization pursuant to the Section C, Statement of Work.

B.2 MAXIMUM VALUE AND MINIMUM GUARANTEE

The maximum value for this contract (inclusive of the aggregate price of all task orders issued) shall not exceed $ (Sum of estimated total price for all CLIN's). The guaranteed minimum under this contract is $25,000.00 for the base year only.

B.3 CONSIDERATION AND PAYMENT

(a) The following represents the price schedule for this contract:

Base Period – 12 months after Contract Award

CLIN SUPPLIES/SERVICES EST QTY UNIT

UNIT

PRICE

EST TOTAL PRICE

0001 DEN Spanish Linguist 307,200 HR $ $

0002 DEN Overtime Spanish Linguist 15,360 HR

0003 DEN Common Languages 23,040 HR $ $

0004 DEN Overtime Common Languages 1,152 HR

0005 DEN Exotic Languages 23,040 HR $ $

0006 DEN Overtime Exotic Languages 1,152 HR

0007 DEN Travel As Needed LT $500,000.00 $500,000.00

0008 PHX Spanish Linguist 153,600 HR $ $

0009 PHX Overtime Spanish Linguist 7,680 HR

0010 PHX Common Languages 23,040 HR $ $

0011 PHX Overtime Common Languages 1,152 HR

0012 PHX Exotic Languages 23,040 HR $ $

B-2

0013 PHX Overtime Exotic Languages 1,152 HR

0014 PHX Travel As Needed LT $500,000.00 $500,000.00 Est.

Total $

Option Period I – 12 months after Base Period

1001 DEN Spanish Linguist 307,200 HR $ $

1002 DEN Overtime Spanish Linguist 15,360 HR

1003 DEN Common Languages 23,040 HR $ $

1004 DEN Overtime Common Languages 1,152 HR

1005 DEN Exotic Languages 23,040 HR $ $

1006 DEN Overtime Exotic Languages 1,152 HR

1007 DEN Travel As Needed LT $500,000.00 $500,000.00

1008 PHX Spanish Linguist 153,600 HR $ $

1009 PHX Overtime Spanish Linguist 7,680 HR

1010 PHX Common Languages 23,040 HR $ $

1011 PHX Overtime Common Languages 1,152 HR

1012 PHX Exotic Languages 23,040 HR $ $

1013 PHX Overtime Exotic Languages 1,152 HR

1014 PHX Travel As Needed LT $500,000.00 $500,000.00

Option Period II – 12 months after Option Period I

2001 DEN Spanish Linguist 307,200 HR $ $

2002 DEN Overtime Spanish Linguist 15,360 HR

2003 DEN Common Languages 23,040 HR $ $

2004 DEN Overtime Common Languages 1,152 HR

2005 DEN Exotic Languages 23,040 HR $ $

B-3

2006 DEN Overtime Exotic Languages 1,152 HR

2007 DEN Travel As Needed LT $500,000.00 $500,000.00

2008 PHX Spanish Linguist 153,600 HR $ $

2009 PHX Overtime Spanish Linguist 7,680 HR

2010 PHX Common Languages 23,040 HR $ $

2011 PHX Overtime Common Languages 1,152 HR

2012 PHX Exotic Languages 23,040 HR $ $

2013 PHX Overtime Exotic Languages 1,152 HR

2014 PHX Travel As Needed LT $500,000.00 $500,000.00

Option Period III – 12 months after Option Period II

3001 DEN Spanish Linguist 307,200 HR $ $

3002 DEN Overtime Spanish Linguist 15,360 HR

3003 DEN Common Languages 23,040 HR $ $

3004 DEN Overtime Common Languages 1,152 HR

3005 DEN Exotic Languages 23,040 HR $ $

3006 DEN Overtime Exotic Languages 1,152 HR

3007 DEN Travel As Needed LT $500,000.00 $500,000.00

3008 PHX Spanish Linguist 153,600 HR $ $

3009 PHX Overtime Spanish Linguist 7,680 HR

3010 PHX Common Languages 23,040 HR $ $

3011 PHX Overtime Common Languages 1,152 HR

3012 PHX Exotic Languages 23,040 HR $ $

3013 PHX Overtime Exotic Languages 1,152 HR

3014 PHX Travel As Needed LT $500,000.00 $500,000.00

B-4

Option Period IV – 12 months after Option Period III

4001 DEN Spanish Linguist 307,200 HR $ $

4002 DEN Overtime Spanish Linguist 15,360 HR

4003 DEN Common Languages 23,040 HR $ $

4004 DEN Overtime Common Languages 1,152 HR

4005 DEN Exotic Languages 23,040 HR $ $

4006 DEN Overtime Exotic Languages 1,152 HR

4007 DEN Travel As Needed LT $500,000.00 $500,000.00

4008 PHX Spanish Linguist 153,600 HR $ $

4009 PHX Overtime Spanish Linguist 7,680 HR

4010 PHX Common Languages 23,040 HR $ $

4011 PHX Overtime Common Languages 1,152 HR

4012 PHX Exotic Languages 23,040 HR $ $

4013 PHX Overtime Exotic Languages 1,152 HR

4014 PHX Travel As Needed LT $500,000.00 $500,000.00

* Analytic Linguist per Wage Determination #2012-0012, Rev. 1 dated 02/01/2012

(b) Services specified above by Contract Line Item Number (CLIN) shall be obtained by issuance of task orders. Services may be ordered (by CLIN) at any time during the effective period of performance, at the price specified. Task orders shall be issued in accordance with the Section G clause entitled "Task Orders." The aggregate dollar amount of all task order funding obligations shall not exceed the maximum value of this contract as specified in the Section B clause entitled "Maximum Value and Minimum Guarantee."

(c) The Government shall pay the contractor the fixed unit rate for Regional Linguist Services, that is in effect on the effective date of the task order, even if the task order is later modified for any reason and/or performance under the task order crosses into another performance period.

(1) For Linguist services, the fixed unit rate per hour shall be multiplied by the total number of hours eligible for payment.

B-5

(2) Allowability of travel costs shall be determined based on FAR Part 31.

Travel costs shall be limited to travel approved by the Task Monitor or COR and the amounts authorized under the Federal Travel Regulations (FTR).

(d) This hourly rate will be billable for time on all Regional Linguist Services. The fixed linguist rates above includes all costs associated with contract performance to include wages (including apportioned supervisory and management labor), overhead, general and administrative expenses (G&A), and profit.

[End of section]

C - 1

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 INTRODUCTION

C.1.1 The Drug Enforcement Administration (DEA) has a requirement to obtain the services of a qualified Contractor to provide highly-skilled intelligence and language analyst support to perform language-related services including analysis, monitoring, transcription, translation, interpretation, validation, and minimization services. The Contractor shall provide all management, supervision, personnel, quality control, and security necessary for these services. The cost for all direct and indirect language related services and other services shall be included in the hourly Analytic Linguist rate specified in Section B of the contract. Regional Linguist Services will be ordered by task orders on an as needed basis in support for the DEA Title III Wiretap program.

C.2 BACKGROUND

The mission of the DEA is to enforce the laws and regulations governing controlled substances and to bring to the criminal and civil justice system those individuals and organizations involved in the growing, manufacture or distribution of controlled substances appearing in or destined for illicit traffic in the United States. While technology plays a major role in the DEA’s efforts, much of its success is increasingly dependent upon rapid and meticulous understanding of foreign languages used in conversations by speakers of languages other than English and in the analysis, translation, transcription and preparation of written documents. One way of meeting this mission is through telephonic monitoring of court ordered nonconsensual intercepts (Pub. L.91-513 Title III), consensual listening devices and other media, and the subsequent analysis, transcription, and translation of recorded material.

C.3 REQUIREMENTS

C.3.1 Definitions/Descriptions. The services definitions/descriptions set forth below are for the purposes of this contract only:

C.3.1.1 Monitor. To listen to or read foreign language communications, lawfully intercepted, and perform immediate verbal summaries, then subsequent written or typed summaries, into the English language.

C.3.1.2 Transcribe. To render the spoken word of a language into the written form of the same language, then save the result on a Government-owned computer storage device and/or in printed format. For the purposes of this contract, the transcription will be predominately spoken Spanish to written English, but may include, to a lesser degree, other languages as described herein.

C.3.1.3 Translate. To render the spoken or written word of one language into the written form of another language, then save the results on a Government-owned computer storage device or other storage media and/or in printed format. For the purposes of this

C - 2 contract, the translation will be predominantly spoken or written Spanish to spoken or written English, but may include, to a lesser degree, other languages to English. Note:

The register, style, and tone of the source language should be conserved.

C.3.1.4 Interpret. To translate orally either consecutively or simultaneously from one language to another.

C.3.1.5 Validate. A review conducted by someone other than the individual performing the original translation, transcription, or the quality control review of the specified original work in order to attest to the accuracy of the final work.

C.3.1.6 Summarize. To provide a typed, concise and accurate synopsis of oral or written communications intercept that contains the identity of the speakers or correspondents, and all locations and events mentioned that pertain to the subject of the communication.

C.3.1.7 Deconfliction Analysis. The process of checking for target numbers and/or devices or other contacted telephone numbers and/or devices in one investigative case on the system having contact with target numbers and/or devices or other contacted telephone numbers and/or devices in a separate investigative case on the system.

C.3.1.8 Standard English. Most widely accepted use of the English language in grammar, spelling, and vocabulary.

C.3.1.9 Voice Library. Library consisting of voice exemplar references where persons have identified themselves or been identified during a phone conversation. The exemplar is used for future voice comparisons.

C.3.1.10 Source Data. The class of data requiring linguist services. Classes of data are verbal or written. Verbal Source Data typically is derived from audio or video recordings. Written Source Data is typically derived from official documents, transcripts, emails, maps, etc.

C.3.1.11 Minimization. Legal instruction given by the Court or Prosecutor to the Analytic Linguist which identifies the types of “privileged” communications that the Analytic Linguist may not listen to and/or capture electronically.

C.3.2 Tasks

C.3.2.1 Analysis

In order to analyze intercepted data, Analytic Linguists shall:

a. Methodically examine in detail the intercepted information in order to uncover the true meaning by deciphering any codes used in communication by drug traffickers to describe drugs, weapons, associates, activities, and law enforcement in attempts to defeat intercept surveillance.

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b. Process incoming data to determine the relationships between multiple targets, as well as determine the structure of Drug Trafficking Organizations (DTO).

c. Utilize data to determine the significance and hierarchy of targets involved.

d. Cross reference current and past intelligence data to establish target patterns and connectivity with on-going intercepts.

e. Create and utilize target and involvement lists and associational charts for use in cross referencing of information.

f. Perform deconfliction analysis to eliminate duplication of target designations during ongoing intercept investigations where targets may utilize multiple devices and names.

C.3.2.2 Monitoring

In order to monitor oral intercepts, Analytic Linguists shall:

a. Listen to oral intercepts in English and foreign languages and provide a verbal summary, immediately followed by a typed summary. Subsequently, all pertinent calls identified by the supervising law enforcement officer will be transcribed verbatim in the required federal or state format. The verbatim transcripts shall be completed during the 8 1/2 hour shift; otherwise, it shall be transferred to the next Analytic Linguist on duty and so on until completion. Analytic Linguists are responsible for the accuracy of their own summaries/transcripts.

b. Operate DEA’s tape recording equipment, dialed number recorder, Translation and

Transcription Support System (T2S2) and JSI Voice Box Software, RedWolf, Raytheon, Pen-link or other type of communication collection equipment.

c. Prepare complete log sheets on each intercepted call, including but not limited to, a short narrative synopsis in Standard English.

d. Complete a log sheet detailing dates, times of recordings and other relevant information.

e. Sign all line sheets, summaries, logs or documents they have prepared and initial all video or audio recordings they have witnessed or heard.

f. Assume responsibility for varying numbers of intercepts as required during any given shift.

g. Maintain a voice library for the duration of the intercept.

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h. Maintain a list of slang words and codes (used by the trafficking organization or individuals) for the duration of the intercept.

i. Enter summary information into a computerized medium provided by DEA, when required.

j. During an intercept, provide pertinent information about the content of the call to the

DEA case agent so DEA authorities can determine whether the conversation is important, should be minimized, is a privileged communication or if enforcement action should be taken.

k. During inactive periods, transcribe and translate pertinent calls for the investigation.

C.3.2.3 Transcribing

In order to transcribe data, Analytic Linguists shall:

a. Type (or if directed, write) verbatim, the words spoken on the source recording or contained in the written media.

b. When transcribing a foreign language document (such as a map), use the original source document format as a guideline for the English-transcribed document.

c. Prepare all transcriptions in a format dictated by DEA.

d. Use accepted grammar and punctuation in all transcriptions.

e. Save all transcriptions on a Windows-compatible storage device in a current version of a DEA-approved word processing application (MS Word) then give the storage device to the Task Monitor. The file title will be a combination of wire ID number and the call number, or other unique identifier provided by DEA.

f. Hand-write transcriptions, when directed.

g. Provide the final product in a DEA-approved word processing application on a

Windows-compatible storage device to the Task Monitor for inspection and acceptance within the time frame stated in the Section F clause entitled “Deliverable Items/Delivery Time.” The file title will be a combination of wire ID number and the call number, or other unique identifier provided by DEA. All data is the property of the Government.

C.3.2.4 Translating

In order to translate, Analytic Linguists shall:

C - 5

a. Prepare a written English translation from a variety of foreign language source exhibits, including but not limited to video and audio recorded conversations, facsimile documents and written and typed materials, such as legal documents, diaries, computerized files, personal papers, maps, charts, ledgers and notes.

b. Provide accurate and complete translations free of typographical errors and without the omission of a word or words from the texts.

c. Use accepted grammar and punctuation in all English translations. Type the translation from the original source in the following formats:

(1) All translations shall be prepared in a DEA-approved format.

(2) All translations shall have a cover page with the case number, phone number or source, call number, tape number and footer direction of call date and time of recording if appropriate, and all participants. If abbreviations are used, provide a “Guide to Abbreviations” inside the cover page.

C.3.2.5 Interpreting

In order to interpret data, Analytic Linguists shall:

a. Provide an oral translation of a foreign language into the English language and

English into the foreign language.

b. Analytic Linguists shall be required to make notes concerning the content of the conversation; such notes shall then be given to the DEA Case Agent or the Task Monitor.

C.3.2.6 Validation

In order to validate data, Analytic Linguists shall validate original translation work, on an as needed basis, at the Government’s request. The person performing validation duties may be called upon to testify in court.

C.3.2.7 Minimization

In order to minimize, Analytic Linguists shall:

a. Upon receiving confirmation from a case agent regarding new minimization requirements the Task Monitor will provide the contractor at least a twenty-four hour notice as to the time and location of the minimization.

b. The contractor shall provide all required Analytic Linguists for minimization prior to the start of a new intercept.

c. Analytic Linguists shall comply with all minimization requirements and regulations.

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d. Failure of an Analytic Linguist to adhere to these requirements is grounds for immediate removal from that intercept and any future intercepts.

e. An Analytic Linguist who has personal knowledge of a target (i.e., the target is a neighbor, acquaintance, relative, etc.), recognizes any target by name, or becomes aware that the intercepted parties are known to them either during or after minimization shall notify the supervising agent and Task Monitor immediately.

f. A minimization briefing is conducted by the prosecutor and is a meeting that must be attended by the DEA special agents and Analytic Linguist personnel assigned to a particular case. The prosecutor provides an overview of the case, explains the minimization procedures, describes the types of conversations that the government is authorized to listen to and record, the types of conversations that are “privileged” and cannot be listened to, and the difference between pertinent information and non-pertinent information. Analytic Linguists must attend the minimization briefing for each new case they are assigned to, regardless of how many cases those Analytic Linguists have worked on in the past.

C.3.3 Source Data

Source data shall be translated from various foreign languages to English. Foreign language fluency and an excellent command of the English language are required.

NOTE: The source data may be poor quality and cannot be enhanced, thereby making it difficult to hear what is being said. There may be loud background noises such as, but not limited to, television, radio or motor traffic.

C.3.4 Languages

The Contractor shall provide Analytic Linguists fluent in the languages ordered. All Analytic Linguists shall be fluent in English. Under this contract, the government will require, at a minimum, Analytic Linguists be fluent in languages specified in the Section J Exhibit entitled “Required Languages.” At times, during the life of the contract, the Government may also require Analytic Linguists fluent in languages other than the languages specified in said Exhibit. NOTE: See “Foreign Language Requirements” at Section J, which sets forth a comprehensive, though not exhaustive, list of languages the Government may require.

C.3.4.1 Language Proficiency

Language proficiency testing in the source language(s) and English is required for all levels of Analytic Linguists in the four basic communications skills (listening, reading, writing, and speaking). Evidence of language proficiency testing with acceptable results from an organization listed herein (below) is required to be submitted to the Field Division Task Monitor for all Analytic Linguists prior to assignment to a DEA contract.

The Contractor is responsible for verifying the language proficiency level of Analytic

C - 7

Linguists whose acceptable proficiency testing results are more than five years old. The verification may be through in-house testing. DEA will not reimburse fees charged for language proficiency testing and/or costs associated with state certification, e.g., training and travel.

The minimum acceptable language proficiency standards must be certified by the following:

U.S. Government Agencies: Members of the Interagency Language Roundtable (Department of State/Foreign Service Institute; Department of Defense/Defense Language Institute; Department of Justice/Federal Bureau of Investigation; Peace Corps;

United Nations) provide written and oral proficiency tests in a variety of languages. A proficiency rating of 3 or above in speaking, listening, reading, writing, and congruity judgment in the foreign language and a proficiency rating of 3 or above in speaking, listening, reading, writing, and congruity judgment in English is required.

Federal Court Interpreters Certification Program: Certification as a Court Interpreter by the Administrative Office of the U.S. Courts is acceptable. This certification is provided only for Spanish to/from English, Navajo to/from English, and Haitian Creole to/from English.

State Courts: Certification or inclusion on the Registry of Tested Interpreters by any of the members of the Consortium for State Court Interpreter Certification is acceptable proof of language proficiency: A current list of member States is available at www.ncsconline.org/D_research/index.html; click on “Court Interpretation”; click on “Consortium for Language Access in the Courts”; and click on “Which states belong to the consortium?” The languages that are certified or tested vary depending on each State's requirements.

NOTE: Although successful test results and certification by the Federal and State court systems are acceptable as proof of language proficiency, certified or qualified court interpreters are not required on this contract. Any certified/qualified court interpreters that are assigned to Analytic Linguistic duties on this contract will be paid at the rate for the labor category to which assigned.

Private Language Testing Institutions: A = Advanced, S = Superior, or H = High skill levels in speaking, listening, reading, and writing in the source language and speaking, listening, reading, and writing in English are acceptable. Low, novice, and intermediate skill levels of proficiency will not be accepted.

Other acceptable providers of language proficiency testing include the following professional interpreter associations: (The list is provided for informational purposes only and does not constitute DEA's endorsement of any of the associations.)

ALTA Language Services (ALTA) American Translators Association (ATA)

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American Council of Teachers of Foreign Languages (ACTFL) Bay Area Court Interpreters California Court Interpreters Association California Federation of Interpreters, Inc.

Educational Testing Services (ETS) National Association of Judiciary Interpreters & Translators Northern California Translators Association Southern California Translators Association Translators and Interpreters Guild

Language proficiency testing by colleges, universities, and additional institutions/associations may be accepted based upon DEA's verification of an entity's credentials to conduct such tests.

C.3.4.2 Language Proficiency Waivers

DEA reserves the right to waive the above language proficiency certification requirement if it is determined to be in the best interest of the Government. In each case, a waiver request shall be submitted by the Contractor to the Task Monitor along with a justification for the proposed waiver. The waiver request will be reviewed and if concurred on by the Task Monitor and COR, it will be forwarded to the Contracting Officer for written approval. If the waiver is granted, the Analytic Linguist is authorized to perform under that task order. A waiver must be approved in writing and will be valid for a period of six (6) months, during which time the Analytic Linguist must obtain written proof of proficiency at an acceptable level.

C.3.4.3 Availability by Language and Location

It is anticipated that the DEA will have a variety of language requirements for Regional Linguist Services support in the locations identified in this contract. Previously utilized and anticipated language requirements by location have been detailed in this contract in Section B and in “Required Languages” at Section J.

The Contractor shall develop and plan for providing the estimated number of personnel, on an as needed basis during the term of the contract, for each of the languages and locations identified in Section J Exhibit entitled “Required Languages.” This plan and the provision of services may include subcontracting agreements, teaming arrangements and/or initiatives to provide personnel in the local commuting area. These specific requirements have been identified to reduce, and when possible, eliminate travel costs for the delivery of services under this contract. Therefore, the Contractor shall not be reimbursed for travel for services ordered within the quantities specified by location and language.

In the event the Government has a requirement that substantially exceeds the quantities specified in the exhibit “Required Languages,” travel expenses may be reimbursed on a case-by-case basis, upon prior approval.

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In no event shall the numbers identified in Section J Exhibit “Required Languages” be construed to represent a guarantee of the staffing requirements under the contract.

C.3.5 Quality Control

C.3.5.1 Quality Control Plan Requirements. The Contractor shall develop a Quality Control Plan (QC Plan), subject to CO approval, for the term of this contract that establishes and maintains well documented quality control procedures that ensure the production and deliverance of acceptable performance and materials in accordance with this Statement of Work. The QC Plan shall assure adequate quality control throughout all areas of contract performance, and shall be implemented to assure reliability and effective performance. The Contractor shall determine a methodology to supervise contractor employees to ensure compliance with all conditions within this Statement of Work. The Government reserves the right to review and approve the quality controls established, and to evaluate its effective use in the performance of the requirements under this contract. The Contractor shall be solely responsible for controlling and assuring quality work, and providing objective evidence that such control does, in fact, exist. The Contractor shall also be liable for Contractor employee negligence, and any fraud, waste or abuse. It shall be the responsibility of the Contractor to enforce all QC Plan requirements for any and all Subcontractor(s).

C.3.5.2 Contract Inclusions. The QC Plan, to be submitted as part of the Contractor’s proposal and subject to approval by the Government, shall be incorporated into this contract as an exhibit in Section J, entitled “Quality Control Plan.”

C.3.5.3 QC Plan Revision(s). The operation of the Quality Control Program, described in a written plan, shall be maintained current and made available to the Task Monitor and COR. Any revisions to the QC Plan shall be approved in writing by the Contracting Officer prior to implementation.

C.3.5.4 Content of QC Plan. At a minimum, the Contractor’s Quality Control Plan shall include:

a. An internal quality control and inspection system for required services. Job titles and all positions of individuals who will conduct inspections must be specified.

b. A method to identify and procedures to correct any deficiencies in services that may occur.

c. A file that documents all inspections and other quality and internal control actions, including the purpose of the inspection, the results of the inspection and any corrective action taken as a result of the inspection. Upon request, this file shall be made available to the Government for review.

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d. Description of procedures to be used to ensure that transcripts and translations shall be accurate versions of the original documents without omissions, translation errors or typographical efforts. These versions shall contain correct spellings of all personnel, organizations, places, common names and numerical information. The Contractor is responsible for the inspection of all Contractor prepared materials prior to delivery to the Government.

e. Description of procedures to be used to ensure that, at a minimum, a review of all intercepted calls is conducted to review all translation and transcription work, including all written summaries of interceptions (line sheets), and to ensure that the summaries are accurate, complete and that no pertinent information was overlooked.

The individual performing this review must be someone other than the individual who performed the initial translation or transcription. The reviewer must be fluent in the language being reviewed and proficient in the English language.

f. Description of how Contractor personnel assigned to the QC function shall ensure that summaries are accurate and do not include any subjective interpretation. QC functions shall also include procedures to ensure confirmation of proper voice identification and that all entries, i.e., call numbers, dates, times, voice and subject I.D. (caller and recipient), are accurate. In the case that errors are found, the reviewer shall coordinate with the Task Monitor and provide documentation of the errors in writing, correct the line sheets and present the line sheets to the Task Monitor for resolution. In addition, the Contractor shall review computer entries of the line sheets to ensure they are exact representations of the original line sheet entries.

C.3.5.5 Correction of Errors. The Government reserves the right to return to the Contractor all materials, transcriptions and translations that contain errors at no additional cost to the Government. Upon receipt of “Requests for Correction,” the Contractor shall correct all errors and furnish corrected versions as required by the Task Monitor within five (5) working days. The original version with errors shall be kept intact with a copy of the corrected version. A complete and error free product is expected at the termination of each Title III intercept.

C.3.6 Subpoenas/Testimony

Performance under this contract may require travel by Contractor personnel as directed by the Government for official business, to include subpoenas/testimony/appearances at Court-specified sites. If the contractor’s personnel are subpoenaed to testify in court, they are generally subpoenaed to testify in the role of a “fact” witness for the Government – not as a court interpreter or as an “expert” witness. It is possible that a contract Analytic Linguist would be authorized to attend a pre-appearance conference.

The fee payable to a “fact” witness subpoenaed to appear in Federal Court is $40.00 per day, plus travel expenses when required. The payment of fees and travel expenses, including any travel advances, and obtaining travel vouchers are the responsibility of the U.S. Attorney’s Office and the U.S. Marshall’s Service. The U.S. Attorney’s Office will provide detailed information on fees and expenses as an attachment to the subpoenas.

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DEA will issue a task order to the Contractor to compensate a subpoenaed and appeared contract Analytic Linguist for eight (8) hours of labor – minus $40.00 per day – for each day, including travel days if long-distance travel is required. The hourly rate issued on the task order will be based on the contract hourly rate for the affected Analytic Linguist’s labor category. All travel, including local travel, and associated costs will be in accordance with travel requirements set forth in the Section H clause entitled “Travel Costs.” Travel arrangements will be the responsibility of the Contractor. All Contractor travel costs shall be itemized and included in monthly financial reports.

C.3.7 Training

At the Government’s expense, the contractor shall attend DEA-sponsored training pertaining to the operation and upgrade of specific equipment and software utilized by DEA. The equipment and software may include audio recording machines, computerized word processor/data management software and other pertinent equipment determined necessary by DEA.

C.3.8 Transition Plan

Subject to CO approval, the contractor shall develop a Transition Plan within ten (10) days after Contract Award delineating how services will be provided during the initial ninety (90) days of contract performance to ensure continuity of services.

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SECTION D – PACKAGING AND MARKING

D.1 DEA-PD.0001 GENERAL PACKAGING AND MARKING

REQUIREMENTS (AUG 2008)

Packaging and packing for all items (includes written materials, reports, presentations, etc.) delivered hereunder shall be in accordance with common commercial practices, adequate to insure protection from possible damage resulting from improper handling, inclement weather, water damage, excessive heat and cold, and to insure acceptance by a common carrier for safe delivery to its final destination.

All deliverables shall clearly indicate the contract number and task order number, as appropriate, on or adjacent to the exterior shipping label.

(End of Clause)

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.252-2 CLAUSES INCORPATED BY REFERENCE” in Section I of this contract.

See Section I.1 for internet address to view full text of a clause.

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

NUMBER TITLE DATE

52.246-6 INSPECTION – TIME & MATERIAL MAY 2001

& LABOR HOUR

E.2 INSPECTION AND ACCEPTANCE

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed at DEA Field Divisions and other Government facilities designated by the Task Monitor or COR. The Government reserves the right to conduct any tests it deems reasonably necessary to ensure that the supplies or services provided conform in all aspects to the contract specifications. Services or supplies, which upon inspection are found not to be in conformance with contractual specifications, shall be promptly rejected and notice of such rejection, together with appropriate instructions for corrective action, will be provided to the Contractor by the Contracting Officer.

(b) The Government will use its best efforts to inspect and accept/reject the supplies or services provided within 30 days following physical completion of the contract/task order.

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.252-2 CLAUSES INCORPATED BY REFERENCE” in Section I of this contract.

See Section I.1 for internet address to view full text of a clause.

1. FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER AUG 1989

52.247-34 F.O.B. DESTINATION NOV 1991

F.2 PERIOD OF PERFORMANCE

The period of performance for furnishing services is one year from the effective date of the contract with four (4) successive twelve month option periods. In the event the options are exercised, the maximum periods of performance for each option shall be as follows:

Option I: 12 months Option II: 12 months Option III: 12 months Option IV: 12 months

The effective date will be announced upon contract award. Task orders placed prior to the expiration date shall remain in full force and effect until deliveries have been completed and payments have been made.

F.3 PLACE OF PERFORMANCE

The Contractor shall perform work under this contract at the following Field Divisions, Regional Offices, District Offices, and Posts of Duty including, but not limited to, the following locations:

Mountain Region

Drug Enforcement Administration Drug Enforcement Administration Denver Field Division Phoenix Field Division 115 Inverness Drive East 3010 N. 2nd St Englewood, CO 80112 Phoenix, AZ 85012

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Mountain Region Denver Field Division:

Salt Lake City District Office Colorado Springs Resident Office Salt Lake City, UT 84111 Colorado Springs, CO 80903

Grand Junction Resident Office Billings Resident Office Grand Junction, CO 81506 Billings, MT 59101

Cheyenne Resident Office Casper Post of Duty Cheyenne, WY 82001 Casper, WY 82601

Larimer/Weld Resident Office Larimer/Weld Resident Office Loveland, CO 80538 Greeley, CO 80634

Missoula Resident Office Missoula, MT 59801

Phoenix Field Division:

Tucson District Office Nogales Resident Office Tucson, AZ 85706 Nogales, AZ 85648

Sierra Vista Resident Office Yuma Resident Office Sierra Vista, AZ 85635 Yuma, AZ 85365

F.4 HOURS OF PERFORMANCE

The Contractor shall be prepared to provide local Analytic Linguists for intercept activities 24 hours per day, seven (7) days per week; however, the wire room primary operating hours are generally 8:00am – 12:00am seven (7) days per week. The beginning time for each shift will vary depending upon investigative requirements.

F.5 DELIVERABLES

(a) The Contractor shall submit deliverables as specified below:

TITLE (Reference) DUE DATE DISTRIBUTION NUMBER OF

COPIES

Administrative Report 10th day of the month Task Monitor, COR &

CO

1 each

Ad Hoc Report As Requested Task Monitor 2 copies Security Packages (H.1) Prior to employee performance under the contract

Task Monitor 1 original

Performance Meeting minutes

At least annually with Task Monitor and/or COR

Task Monitor, COR &

CO

1 each

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Business Management Strategy

10th day following date of award

CO 1 copy

Contractor Personnel Reporting Requirement

(CPRR) (H.5)

Quarterly by the 10th of Oct, Jan, Apr, Jul

Security Programs Electronic submission to email address specified in clause

Transition Plan (C.3.8) 10th day following date of award

CO 1 copy

(b) Administrative Report. The Contractor shall produce and deliver a monthly administrative report appropriate for monitoring performance of work, even if no task orders are active. The report shall be submitted to the Task Monitor, COR, and the CO with the monthly invoice. The monthly Administrative Report shall contain, at a minimum:

1. Financial Statement

a. Total expenditures for the reporting period, for each task order.

Breakdown by specific tasks. See sample in the “Sample Administrative Report” in Section J, Exhibit J-E-1.

b. Expenditures and hours of effort used by each individual by task order during the reporting period.

c. Cumulative task order expenditures through the reporting period.

d. A summary of the total number of hours worked during a specific month in a specific language and also a year-to-date running total in order to determine if Contractor will be reaching the maximum number of hours stated in the contract.

2. Personnel Status

a. A brief description of the work performed during the reporting period for each task order. This includes times of inactivity and should include activities, if any; the Contractor has performed with regard to recruitment, training of new personnel or change in company policies.

b. Any changes in personnel during the reporting period.

3. Miscellaneous Comments

a. A brief description of any technical or administrative issues and resolutions that have occurred during the reporting period under any task order issued, including any issues that are expected to occur during the next reporting period and recommended solutions.

(c) Ad Hoc Reports. The contractor shall provide Ad Hoc Reports upon request. From time to time the Contracting Officer may request reports as a result of data calls from the Department of Justice/DEA entities, auditors and/or inspectors. Data calls for information

F - 4 will be provided by written requests to include, but not limited to, description, format, distribution and due date.

(d) Security Packages. The Contractor shall submit acceptable security packages to the Task Monitor for proposed personnel beginning no later than one week after notice of award and weekly thereafter in order to maintain a local cadre of qualified staff. Within 90 days after contract award, the Contractor shall have available the minimum number of Spanish and common language personnel specified in Exhibit J-E-5. The contractor shall maintain a pool of linguists proficient in exotic languages.

(e) Performance Evaluation Meetings. The contractor shall document and distribute meeting minutes subject to COR approval for all performance evaluation meetings held throughout the life of the contract, but no less than annually, except that performance evaluation meetings will be required on a weekly basis during the initial contract implementation period. The Contractor shall be prepared to discuss the performance of all contracted employees at Performance Evaluation Meetings. Meetings shall be held during the hours that are mutually agreed upon between the Task Monitor, COR and the Contractor. COR approved performance meetings may also occur between the Contractor and another specific component. The purpose of any Performance Evaluation Meeting shall be to resolve issues and document solutions and lessons learned. Written minutes of all Performance Evaluation Meetings will be prepared by the contractor and signed by the contractor, Task Monitor and/or COR.

(f) Business Management Strategy. The Contractor shall establish an effective business strategy that ensures its approach to the overall business management of this contract is efficient and effective.