AFPS RFP.pdf

DJJE-10-RFP-0662 Asset Forfeiture Program Support

Solicitation DJJE-10-RFP-0662

ASSET FORFEITURE PROGRAM SUPPORT

June 2010

TABLE OF CONTENTS

SECTION B - SUPPLIES/SERVICES/PRICES

B.1 General B.2 Minimum and Maximum Amounts B.3 Pricing Tables B.4 Unit Prices B.5 Other Direct Costs

B.5.1 Materials and Training B.5.2 Travel

B.6 Price Adjustments Under the Service Contract Act B.6.1 General B.6.2 Services Performed in "All Other" Regions B.6.3 Option and Award Term Periods

SECTION C -STATEMENT OF WORK

C.1 General

C.1.1 Definitions C.1.2 Introduction C.1.3 Mission C.1.4 Scope of Work C.1.5 Personnel C.1.5.1 Key Personnel C.1.5.2 Removal of Personnel C.1.5.3 Qualifications Training for Contractor Staff C.1.5.4 Employee Qualifications and Conduct C.1.5.5 Labor Categories C.1.5.6 Health Benefits Plan C.1.6 Security Clearances C.1.7 Quality Control C.1.8 Performance Evaluation Meetings C.1.9 Contract Phase-In C.1.10 Contract Phase-out C.1.11 Contingencies C.2 Contractor Furnished Items C.2.1 Order Entry and Tracking System C.3 Specific Support C.4 General Requirements C.4.1.1 Coordination with Other Government Organizations C.4.1.2 Ordering Productive Hours C.4.2 Management and Supervision C.4.3 Recruitment and Retention C.4.3.1 Recruitment C.4.3.2 Retention C.4.4 Training C.4.4.1 Attendance of Government Requested Training Courses C.4.5 Clerical Supoprt C.4.6 Data Analysis C.4.7 Legal Process Support Analysis C.4.8 Property Custody C.4.9 Procurement Assistance C.4.10 File Room Operation C.4.11 Fiscal Operations

C.4.12 Reports C.4.12.1 Recruitment C.4.12.2 Performance Issues C.4.12.3 Labor Hours Delivered C.4.12.4 Labor Costs C.4.12.5 Travel Cost C.4.12.6 Invoice and Payment Summary C.4.12.7 Cumulative Labor Hours Delivered C.4.12.8 Cumulative Labor Costs C.4.12.9 Cumulative Travel Cost C.4.12.10 Staffing Report C.4.12.11 Expenditure Report

SECTION D - PRESERVATION, PACKAGING AND MARKING

D.1 Payment of Postage and Fees D.2 Preservation, Packing and Marking

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Clauses Incorporated by Reference E.2 Inspection and Acceptance

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Clauses Incorporated by Reference F.2 Notice to the Government of Delays F.3 Term of the Contract/Period of Performance F.4 Place of Performance

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer's Technical Representative (COTR) G.2 Contract Administration G.3 Contractor Representative G.4 Payment

G.4.1 General Invoice Requirements G.4.2 Invoice Follow-ups G.4.3 Time-and-Materials or Labor Hour Task Orders G.4.4 Per Lot Task Orders G.4.5 Interest on Overdue Payments

G.5 Payment by Electronic Funds Transfer - Central Contractor Registration G.6 Release of Claims G.7 Travel and Transportation G.8 Security Programs Manager

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Contract Type H.2 Indefinite Quantity H.3 Ordering H.4 Ordering Activity H.5 Order Limitations H.6 Guaranteed Minimum and Contract Maximum H.7 Freedom of Information Act Requests for Contract’s Proposal H.8 Key Personnel H.9 Government Furnished Information, Facilities and Assistance H.10 Government Property H.11 Indemnification H.12 Permits and Licenses H.13 Prohibition Against Soliciting and Performing Personal Services H.14 Observance of Legal Holidays/Federal Non-work Days H.15 Personnel Requirements (Hiring) H.16 Security Requirements CLASSIFIED

H.16.1 Contractor Personnel H.16.1.1 Access to Classified Information H.16.1.2 Access to Unclassified Information H.16.1.2.1 Pre-Appointment Background Investigations and Waivers H.16.1.2.2 Required Security Forms H.16.1.2.3 Citizenship and Residency Requirements H.16.1.2.4 Procedures for Pre-Screening Applicants and Investigation H.16.1.2.5 Identity Proofing and Badging H.16.1.2.6 Replacement Personnel H.16.2 Contractor Facility H.16.3 Automation Equipment and Media Materials H.16.4 Data Communications

H.17 Security of Systems and Data Including Personally Identifiable Data H.18 Confidentiality of Data H.19 Proprietary Rights H.20 Organizational Conflicts of Interest - General H.21 Electronic Sucontracting Reporting System (eSRS) Interim Procedures H.22 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency H.23 Insurance H.24 Nondisplacement of Qualified Workers Under Service Contracts

SECTION I – CONTRACT CLAUSES

I.1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998) I.2 Clauses Incorporated in Full Text I.2.1 Display of Hotline Posters (FAR 52.203-14) (DEC 2007) I.2.2 Central Contractor Registration (FAR 52.204-7 (APR 2008) I.2.3 Option to Extend Services (FAR 52.217-8) (NOV 1999) I.2.4 Option to Extend Term of Contract - Services (FAR 52.217-9) (MAR 2000) I.2.5 Statement of Equivalent Rates for Federal Hires (FAR 52.222-42) (MAY 1989) I.2.6 Service of Protest (FAR 523.233-2) (SEP 2006) I.2.7 Unsafe Conditions Due to the Presence of Hazardous Material (JAR 2852.233-70) (JUN 1996)

SECTION J – LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Instructions to Offerors Competitive Acquisition (FAR 52.215-1) (JAN 2004) L.2 Type of Contract (FAR 52.216-1) (Apr 1984) L.3 Protests Filed Directly with the Department of Justice (JAR 2852.233-70) (JAN 1998) L.4 Small Disadvantaged Business Participation Program - Targets (FAR 52.219-4) (JAN 1999) L.5 Preaward On-Site Equal Opportunity Compliance (FAR 52.222-24) (FEB 1999) L.6 Evaluation of Compensation for Projessional Employees (FAR 52.222-46) (FEB 1993) L.7 Notice to Offerors L.8 Inquiries Concerning the RFP L.9 Format and Instructions for Proposals

L.9.1 Volume I - Business Proposal L.9.1.1 Terms and Conditions L.9.1.2 Subcontracting L.9.1.3 Business/Pricing Questionnaire L.9.1.4 Labor Category Classification Table L.9.1.5 Pricing Tables L.9.1.6 Price Support Information (Information Other Than Cost or Pricing Data) L.9.2 Volume II - Technical Proposal L.9.2.1 Executive Summary L.9.2.2 Management Plan L.9.2.3 Staffing Plan

L.9.2.4 Transition Plan L.9.2.5 Corporate Experience L.9.2.6 Past Performance References

L.10 Proposal Preparation Costs L.11 Delivery Locations, Proposal Markings and Proposal Due Date L.12 Hand Carried Proposals L.13 Disposition of Proposals

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 Selection and Award Criteria

M.1.1 General Conditions M.1.2 Award Selection

M.2 Technical Evaluation M.2.1 Technical Evaluation Factors

M.3 Pricing Evaluation M.4 Evaluation of Option Periods

SECTION B - SUPPLIES/SERVICES/PRICES

B.1 General

(a) The Contractor shall provide personnel, supervision and other related services and incidental items necessary to perform the work on an indefinite delivery/indefinite quantity basis as defined in this contract.

(b) The proposed contract is expected to include a base period, five (5) option periods and one (1) award term period as described below:

Base Period 02/01/11 through 01/31/12 Option Period I 02/01/12 through 01/31/13 Option Period II 02/01/13 through 01/31/14 Option Period III 02/01/14 through 01/31/15 Option Period IV 02/01/15 through 01/31/16 Option Period V 02/01/16 through 01/31/17 Award Term Period 1 02/01/17 through 01/31/18

(c) The performance of all work under this contract shall be initiated by the issuance of task orders by the Contracting Officer as discussed in Sections H.2 through H.6. Individual task orders may be issued on a firm fixed price (FFP), time-and-material (T&M), or labor-hour (LH) basis; however, the Government anticipates that the overwhelming majority of orders will be issued on a LH or T&M basis.

(d) The anticipated date of award for the proposed contract is 01 October 2010; full performance of the contract is expected to commence by 01 February 2011 (the current contract expires on 31 January 2011). Because the continuing provision of support services is essential to continuity of the program, it is critical that the phase-in of Contractor personnel and the assumption of ongoing tasks are accomplished in a well planned, orderly and efficient manner, utilizing the Transition Plan provided by the contractor in accordance with Section L.9.2.4 of the solicitation. The specific phase-in assistance to be provided will be determined by the Government. Transition costs will be the responsibility of the Contractor.

(e) This contract has one award term period as noted above. The award term period may be awarded based on the Government’s assessment of the Contractor’s ability to retain a quality staff. The award term period requirements are further described in the Award Term Plan, Attachment (1). An adjustment to the award term will not result in a contract ordering period of greater than seven years from the award of the contract.

B.2 Minimum and Maximum Amounts

(a) The Department will order a minimum amount of $300,000 under this contract. The Department will have the entire term of the contract (to include all options and the award term period) to fulfill the contract minimum. The specific Contract Line Item Numbers (CLINs) and quantities will be identified in the task order(s) issued under the contract. The exercise of the renewal options or award term (see Section F.3) does not re-establish the contract minimum.

During the life of this contract, the Department may order items in any quantity up to the maximum amount specified in paragraph (b) below. If the minimum amount has not been ordered then the Department will exercise the option for the next year.

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

B.3 Pricing Tables

(a) Attachment (2) includes forty-two (42) pricing tables as described below. For evaluation purposes, each table also includes a price evaluation model used to calculate each offeror’s total evaluated price for award determination purposes (see Sections L.9.1.5 and M.3). Only the unit pricing, adjustment factor and/or multiplier portion (each described below in this Section B) of each table will carry forward to the contract. It should be noted that there are no pricing tables for high level management positions. These required positions are as follows:

i. Program Manager

ii. Regional Director – North Central

iii. Regional Director – Northeast

iv. Regional Director – National Capital Area

v. Regional Director – South

vi. Regional Director – West

The pricing for the above “high level management positions” shall be built into the fixed hourly labor rates of the non-management labor categories as part of the overhead or G&A that make up these hourly rates. This is necessary as no high level management position will be billed directly to the contract. If the offeror proposes additional high level management positions, their labor rates shall be priced as part of the overhead or G&A as well.

The forty-two (42) pricing tables are broken up as follows:

1. Metropolitan Statistical Areas (MSA) and All Other Regions. These forty-one (41) (thirty-six (36) MSA tables + five (5) All Other tables) include all labor categories except the high level management positions. Generally, a separate task order will be issued annually by the Government for each individual location requiring services. All unit prices are fixed hourly rates for labor. The unit price for each labor category on a given table shall apply for work performed anywhere within that MSA/All Other boundary. All regions are summarized in paragraph (b) below and further detailed in Attachment (3). Attachment (4) lists all of the locations that make up each MSA.

2. Other Direct Costs (ODC). The ODC Pricing Table delineates the categories of costs which are considered allowable ODCs for task orders issued on a T&M basis. The Government will use this table to authorize and track actual ODC expenditures under T&M orders. The fixed multiplier for each CLIN includes all administrative handling costs associated with the CLIN. The multiplier is to be applied against the actual cost of the item for which reimbursement has been authorized. The billable amount shall be limited to the actual cost of the item plus the amount resulting from the application of the appropriate multiplier identified in the table (e.g., actual cost of item is $100.00, and multiplier for the CLIN is 1.02, the total billable amount is $102.00). For subcontracted items/services, the multiplier shall only be applied one time. For example, a subcontractor might be required to travel. It is not permissible for the subcontractor to apply a markup to the travel costs in billing the prime contractor, and then for the prime contractor to apply another markup when billing the Government. The multiplier may only be applied once, and must be applied to the original cost of the item.

(b) For convenience, the thirty-six (36) MSAs, and the five (5) “All Other Regions” are listed in the table listed on the next page.

Contract Regions

Northeast North Central

New York-No. New Jersey-Long Island MSA 35620 Chicago-Gary-Kenosha MSA 16980

Boston-Cambridge-Quincy MSA 14460 McAllen, TX MSA 32580

Philadelphia-Wilmington-Camden MSA 37980 San Antonio MSA 41700

Detroit-Warren-Livonia MSA 19820 El Paso MSA 21340

Cincinnati-Middletown MSA 17140 Laredo MSA 29700

Cleveland-Elyria-Mentor MSA 17460 St. Louis MSA 41180

Buffalo-Niagara Falls MSA 15380 Dallas-Ft. Worth-Arlington MSA 19100

Pittsburgh MSA 38300 Houston-Sugarland-Baytown MSA 26420

All Other NE Region All Other NC Region

South West

Miami-Ft. Lauderdale MSA 33100 Los Angeles-Long Beach-Santa Ana- Orange County

MSA 31100

Atlanta-Sandy Spring-Marietta MSA 12060 San Diego-Carlsbad-San Marcos MSA 41740

Columbia, SC MSA 17900 San Francisco-Oakland-Freemont MSA 41860

Tampa-St. Petersburg-Clearwater MSA 45300 Sacramento-Arden-Arcade-Roseville MSA 40900

San Juan-Caguas-Guaynabo MSA 41980 Salt Lake City MSA 41620

All Other South Region Denver-Aurora-Broomfield MSA 19740

National Capital Area Portland-Vancouver-Beaverton MSA 38900

Washington-Arlington-Alex. MSA 47900 Anchorage MSA 11260

Baltimore-Towson MSA 12580 Honolulu MSA 26180

Richmond MSA 40060 Phoenix-Mesa-Scottsdale MSA 38060

All Other North Capital Area Tucson MSA 46060

Seattle-Tacoma-Bellevue MSA 42660

All Other West Region

Note: The “All Other” grouping in each of the five regions above consists of all of the remaining Government locations of each specific region that are not listed in the above MSAs.

B.4 Unit Prices

(a) All contract unit prices and multipliers (applied to other direct cost items) shall be as specified in the pricing tables contained in Attachment (2). The basic contract line item number (CLIN) structure includes individual pricing tables segregated by contract period and the type of service. Each CLIN includes a one-digit prefix, a four-digit core number, and a two character suffix. The first digit represents the contract period, i.e., for the Base Period, the first digit for all CLINs is "0"; for Option Period 1, the first digit for all CLINs is "1", etc. The first digit of the core number represents the Unit Price Table category, i.e., “1" indicates a Labor Category; “2" indicates Other Direct Costs. The remaining three digits represent the specific labor category.

The two character suffix is either “RT” for regular time, “OT” for overtime, or “OC” for other direct cost. For example, a Supervisory Financial Analyst, regular time, in Laredo, TX, during the base period of the contract would be under Table MSA 29700, CLIN 0-1006-RT.

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

(1) Hourly Rates. Services obtained on a LH or T&M basis at the hourly rates (fixed unit prices) specified in Attachment (2) for a given task order. All prices must be fixed unit prices that include all costs (fringe benefits, overhead, general and administrative and management expenses) and profit necessary to provide the level of service specified in the contract and/or task order. For personnel not exempt from the Service Contract Act (SCA), the Contractor shall pay at least the minimum pay and fringe benefits set forth in the Area Wage Determination (AWD) applicable to where the personnel are working (See Attachment (5) for a listing of the AWDs and Places of Performance). These rates are not only for evaluation purposes and will carry forward to the awarded contract.

(2) Regular Time (RT). The billable rate for hourly personnel acquired via task order, or the billable hourly rate for salaried personnel acquired via task order. A normal schedule will consist of five (5) eight (8) hour work days excluding, where practical, Saturday, Sunday, and the Federal holidays listed in Section H.14.

(3) Overtime (OT). For non-exempt employees working in excess of a forty (40) hour work week, the billable rate for the excess hours is the “overtime” rate.

Overtime will only be allowed if specifically authorized in the task order itself, or authorized in advance in writing (including e-mail or fax) by the Contracting Officer’s Technical Representative (COTR), see Section G.1. For exempt employees, all work shall be billed at the “regular time” rates.

(4) Adjustment Factor. For the five “All Other” tables, the factor applied against the corresponding hourly rate from the DOL AWD that applies to the specific location where the work will be performed (see Section B.6.2 for complete description).

The adjustment factor shall include all costs except salaries/wages (e.g., fringe benefits, overhead, general and administrative and management expenses, and profit). These factors are not only for evaluation purposes and will carry forward to the awarded contract.

(5) Other Direct Costs (ODC). Classes or categories of supplies and services which are not included in the hourly rate unit prices but are required to complete a given task order that is issued on a T&M basis or to price a task order issued on a per lot basis.

(6) Multiplier. The factor (fixed unit price) to be applied against the actual cost of an

"other direct cost" item to cover administrative handling expenses. These multipliers are not only for evaluation purposes and will carry forward to the awarded contract.

(c) Most work performed under this contract will be at Government sites. The Program Manager and Regional Directors are not required to work at a Government site. Under certain circumstances, some work might require Contractor personnel to gather information, perform research, and travel off-site in performance of their duties.

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

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

B.5 Other Direct Costs

B.5.1 Materials and Training

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

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

B.5.2 Travel

(a) As a general rule, local travel will not be reimbursed under this contract. Examples of local travel which will not be subject to reimbursement are: travel to and from normal job site;

supervisory personnel traveling to a Government site or alternative facility to oversee operations.

Personnel temporarily working at a Government site or alternative facility will consider such facility his/her normal job site.

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

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

B.6 Price Adjustments Under the Service Contract Act

B.6.1 General

(a) This contract is subject to the Service Contract Act (SCA) of 1965, as amended (see Section I, clause 52.222-41). For the hourly rate CLINs, applicability of the SCA is limited to those "non-exempt" CLINs as delineated in paragraph (b) below. The Government will not be liable to the Contractor for any additional/increased sums/costs for which the Contractor may become liable to its employees as a result of a failure by the Contractor to properly conform or exempt its employees to the labor classifications stated in the applicable Department of Labor (DOL) Wage Rate Determinations contained in Attachment (5). Final determinations as to the proper conformance or exemption of Contractor employees under the SCA will be the responsibility of the DOL.

(b) The following table classifies each hourly rate labor category as one of the following:

· Exempt. Employees performing in a bona fide executive, administrative, or professional capacity as defined in 29 CFR 541 are exempt from the SCA. These labor category CLINs will not be subject to price adjustment.

· Non-Exempt. Employees other than those employed in a bona fide executive, administrative, or professional capacity as defined in 29 CFR 541are are subject to the SCA. These labor category CLINs will be subject to price adjustment as described in this section.

NOTE: The table to be inserted in this area will be inserted in the awarded contract document and will reflect the classifications proposed by the offeror in the Section L.9.1.4 Labor Category Classification table and accepted by the Government.

(c) No price (fixed unit prices) adjustments will be made during the base period of this contract to any CLINs for non-exempt labor categories except for those subject to price adjustment under FAR Clause 52.222-43 or as allowed under Section B.6.2.

(d) There will be no adjustment to the hourly rate CLINs for exempt labor categories, the multipliers contained in the ODC table, or the adjustment factors contained in the All Other tables during the life of this contract.

(e) If a position in a series is exempt because it is supervisory or managerial, the Contractor shall pay such positions at levels above those of the non-exempt positions in the same series (e.g., a Supervisory Paralegal shall be paid higher than a Paralegal/Legal Assistant III).

B.6.2 Services Performed in “All Other” Regions

(a) The MSA pricing tables are structured to specify hourly rates for most of the areas of the country. However, there are locations that are not included within the MSAs. The five “All Other” tables (Northeast, North Central, South, West and National Capital Area) are intended to specify pricing for these areas. The hourly rates for exempt labor categories in these tables cover services performed anywhere within the region that are not covered by one of the MSA tables.

The hourly rates for non-exempt labor categories cannot be determined until the Government obtains a wage determination for the specific location where the services are to be performed;

therefore, the unit prices for the non-exempt CLINs in the awarded contract will shown as “adjustment factors” in the tables.

(b) Prior to issuing a task order for work to be performed in an “All Other” area that will include non-exempt labor categories, the Contracting Officer will obtain a DOL AWD for the locality involved. After receipt of the DOL AWD, the Contracting Officer will compute the contract unit price for the task order by applying the appropriate "Adjustment Factor" contained in the applicable “All Other” table against the corresponding hourly rate from the DOL AWD.

For example –

A DEA office in Birmingham, AL requires a Paralegal/Legal Assistant II. The DOL AWD rate for a Paralegal/Legal Assistant II in Birmingham, AL is $22.65/hour and the Contractor's Adjustment Factor for a Paralegal/Legal Assistant II (from the South, All Other table) is 1.700. The computed final unit price for the Paralegal/Legal Assistant II in Birmingham, AL is $38.51/hour ($22.65 x 1.700).

The task order will be issued using the $38.51 hourly rate. Price adjustments for any option periods will be as specified in Section B.6.3.

B.6.3 Option and Award Term Periods

(a) For any option or award term periods which are exercised by the Government, all price adjustments shall be limited to, and in accordance with FAR clause 52.222-43, entitled "Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multi-year and Option Contracts)", incorporated by reference into Section I of the contract.

(b) Contract CLINs subject to price adjustment under Clause 52.222-43 are limited to those non-exempt categories listed in Section B.6.1(b).

(c) The Government will utilize the supporting data contained in the Contractor's proposal to verify any increase or decrease in the contract fixed unit price(s) which may be claimed by the Contractor as a result of a revised wage determination for any option period or award term period which may be exercised by the Government. The hourly rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of the DOL wage determination applicable at the beginning of the option period. For example, the prior year wage determination required a minimum wage rate of $15.00 per hour. The Contractor chose to pay $15.50. The new wage determination increases the minimum rate to $15.60 per hour. Even if the Contractor voluntarily increases the rate to $16.00 per hour, the allowable price adjustment is $.10 per hour. As stated in Clause 52.222-43, any adjustment will be limited to increases or decreases in wages and fringe benefits as described in the clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative and management costs, overhead, or profit.

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SECTION C - STATEMENT OF WORK

C.1 GENERAL

This work statement describes support service requirements for the Department of Justice (DOJ) Asset Forfeiture (AF) Program and Agency support for law enforcement related investigations (Agency Support). The contract will be technically administered by the Justice Management Division's Asset Forfeiture Management Staff (AFMS). The support services may be provided to any or all of the following federal organizations:

* Department of Justice

- Executive Office for United States Attorneys (EOUSA)

- Criminal Division, Asset Forfeiture and Money Laundering Section (AFMLS)

- Drug Enforcement Administration (DEA)

- Federal Bureau of Investigation (FBI)

- U.S. Attorney's Offices (USAO)

- U.S. Marshals Service (USMS)

- Justice Management Division (JMD)

- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)

* United States Postal Inspection Service (USPIS)

* Department of Homeland Security (DHS)

* Department of Health and Human Services, Food and Drug Administration (FDA)

* Department of Agriculture

* Department of State

* Defense Criminal Investigative Service (DCIS)

* Any other Federal agency or organization participating in programs approved by the

AFMS

It should be noted that not all participating agencies have currently ordered, nor are they required to order, support under the contract.

The specific required services are outlined in Section C.1.4, detailed in Sections C.3 and

C.4. The support services represent a broad range of clerical, administrative and technical support activities.

C.1.1 Definitions

The following terms and acronyms are provided to facilitate understanding of the requirements of this solicitation.

Asset Forfeiture Program - The Department of Justice program is executed by the organizations listed in C.1, above. Other organizations internal and external to DOJ may be added to the program.

Contractor - includes the prime contractor, subcontractors, and employees of the prime and subcontractors who are performing services under this contract.

Data Entry - The posting of information incidental to the management of assets or agency support missions.

Quality Assurance (QA) - The functions and associated actions performed by the Government to ensure that contract requirements are performed in accordance with specified standards, and that an appropriate level of Contractor quality control activities is in place and operational.

Quality Assurance Evaluator (QAE) - The specific on-site Government representative delegated authority for the day-to-day managerial and technical interaction with the Contractor personnel. The assignment may be made on an office, district, or regional basis.

Quality Control (QC) - The contractor=s internal management functions that include, but are not limited to, training, documented procedures, inspections, and tests (taken at the point of performance) necessary to ensure that Contractor products and services conform to requirements, specifications, and standards.

Site - A geographic location where work is to be performed. Generally, it will be any of a number of Government controlled spaces at a single address. Synonyms used in this document include "work site", "office", and "work center". Currently all sites requiring support are located within the United States. If at some point in the future support is required elsewhere, the specifics will be appropriately addressed with the contractor at that time.

ACRONYMS

ACOTR Assistant Contracting Officer's Technical Representative AF Asset Forfeiture AFF Assets Forfeiture Fund CCF Office of Chief Counsel, DEA CO Contracting Officer COTR Contracting Officer's Technical Representative DOL Department of Labor DOJ Department of Justice PRS Performance Requirement Summary PWS Performance Work Statement QA Quality Assurance QAE Quality Assurance Evaluator QC Quality Control

C.1.2 Introduction

Although forfeiture has been a part of American jurisprudence since the colonial period, the concept of asset forfeiture as an integral part of the war on crime is new.

Beginning with the enactment of the Comprehensive Crime control Act of 1984, the Department of Justice (DOJ) began acquiring the necessary legal tools to mount an aggressive, broad-based Asset Forfeiture Program.

The DOJ Asset Forfeiture Program is a nationwide law enforcement program that has proven to be an effective strategy in the fight against crime. The primary mission of the Asset Forfeiture Program is to employ asset forfeiture powers in a manner that enhances public safety and security. This is accomplished by removing the proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal activity against society.

The DOJ Asset Forfeiture Program has outgrown the informal systems and control processes that were adequate when the program was small. The program=s growth over time has required DOJ=s leadership to effectively address a number of management and operational challenges. A key component of the management solution has been the use of contract support to provide clerical, administrative, and professional support to the program=s investigative agencies, prosecutors, and property custodians in a timely and cost effective manner.

The primary objective of this contract is to provide needed support for the asset forfeiture process from the identification of specific assets for possible seizure, through the seizure, management, disposition, and post-disposition accounting and case closure.

For purposes of this contract, the AFMS may also approve, as within scope, "Agency Support Services" which are not directly related to the administrative and technical processing of assets for forfeiture. When approved, "Agency Support Services" tasks and associated labor hours delivered will be reported separately in order for the Government to reimburse the Contractor from the appropriate fund accounts. Agency support includes a pro-rata share of general office support, management and supervision. Agency Support Services may also include projects that are related to a DOJ or other Federal agency law enforcement mission that requires clerical, administrative, or professional support.

It is expected that law enforcement agencies involved in the Asset Forfeiture

Program, both within and outside the Department of Justice, will continue to seek services through DOJ contracts due to the close requirement for interagency coordination or because specialized services available through DOJ contracts precisely meet their program requirements, thereby mitigating the need for their own separate, duplicative procurements. It is further expected that the growth of this contract's use outside of the Asset Forfeiture Program will continue in the Federal law enforcement community for the same reason.

Although the Asset Forfeiture Management Staff is the sponsoring office for this contract to support the Department's Asset Forfeiture Program, the contract may be used at the Government's discretion, to satisfy the needs of any Department of Justice component or in support of any other Government agency's law enforcement mission.

Notwithstanding the sponsorship, tasks other than those specifically identified in this contract may be ordered by the Government so long as they fall within the general scope of work, have appropriate funding, and have the expressed approval of the Asset Forfeiture Management Staff.

C.1.3 Mission

Although the required tasks in Section C.4.1 are generically the same for all components, the individual mission of each component in the Asset Forfeiture Program does affect the emphasis and procedures of the tasks. There may be a very wide range of law enforcement related missions supported by the required labor categories. This support may be provided to any organization approved by the AFMS.

C.1.4 Scope of Work

The Contractor shall provide equipment, personnel, supervision and other related services and incidental items necessary to perform the work as defined in this Statement of Work (SOW) and accompanying attachments. The Contractor shall principally perform work on Government premises for the performance of the tasks under this contract. Any work to be performed at the contractor’s facility will be specifically indicated and coordinated with the contractor. The Contractor shall provide support services to the DOJ Asset Forfeiture Program and AFMS approved Agency Support as designated in Section C.4 and the attachments.

Although the Asset Forfeiture Management Staff is the sponsoring office for this contract to support the Department's Asset Forfeiture Program, the contract may be used at the Government's discretion to satisfy the needs of any Department of Justice component or in support of any other Government agency's law enforcement mission.

Notwithstanding the sponsorship, tasks other than those specifically identified in this contract may be ordered by the Government so long as they fall within the general scope of work, have appropriate funding, and have the expressed approval of the Asset Forfeiture Management Staff.

C.1.5 Personnel

The Contractor shall provide a sufficient number of qualified personnel who have sufficient experience, education, training, and skills to satisfactorily perform the requirements of this SOW.

C.1.5.1 Key Personnel

The Contractor shall assign and identify the following key personnel who will provide management, administrative, and technical interface with Government personnel in the day-to-day performance of the contract:

Program Manager Regional Directors Agency Managers Project Directors

Individuals assigned to these labor categories shall be designated as key personnel upon ordering of services and approval of the position by the Contracting Officer.

Replacement of these individuals must be approved by the Contracting Officer. Agency Managers and Project Directors are ordered at the Government’s discretion. At a minimum, the contractor’s management structure shall consist of five Regional Directors and a Program Manager. Additional Regional Directors may be utilized depending on technical approach, but not less than five.

All key personnel are subject to the following:

a) Replacement is subject to the prior written approval of the Contracting Officer.

b) Requests for replacement shall include a detailed resume containing a description of position duties and qualifications, information about the qualifications of the individual(s) proposed, and any additional information requested by the Contracting Officer in sufficient detail to permit the Contracting Officer to evaluate the impact on the work the Contractor is obligated to perform hereunder.

c) Contractor proposals to move any key personnel off the contract shall be submitted in writing at least 15 days in advance of proposed moves, and are subject to the approval of the Contracting Officer, including approval of proposed replacements. No diversion shall be made by the Contractor without the written consent of the Contracting Officer.

d) The Department reserves the right to review the qualifications of all staff selected to work on this contract before assignment, including the individuals proposed (in the Contractor's proposal) and any replacements for these individuals, and to reject individuals whom it determines are not suitable for the program.

The list of key personnel set forth may be modified from time to time during the course of the contract to either add or delete personnel, as appropriate. The base location of the Regional Directors shall be defined by the proposal leading to the award of this contract. Changes to the base location of the Regional Directors must be approved by the

Contracting Officer. The Program Manager shall be located within the metropolitan Washington, D.C.

C.1.5.2 Removal of Personnel

The ACOTRs and QAEs have authority to review the qualifications of personnel proposed to perform work under this contract at their specific locations. The ACOTR or COTR will coordinate with the Contracting Officer to notify the Contractor that the removal of an employee from performance under this contract is required. Such removal may be required from substandard performance, behavior that negatively impacts the delivery of services under this contract, or behavior that violates the security requirements of the contract. In instances where the removal of an employee is for substandard performance or behavior negatively impacting delivery of services, the Contractor will be given an opportunity to address the situation prior to removing the employee.

C.1.5.3 Qualifications Training for Contractor Staff

The Contractor shall be responsible for providing fully qualified, trained, and experienced staff for performing the work ordered under this contract, and for continuously monitoring, managing and controlling the work. The Contractor shall make its best efforts to retain staff members who have gained experience on this contract, and to minimize staff turnover.

The Contractor shall train its own staff so as to ensure that all personnel are compliant with the qualifications and requirements of their labor category and perform their duties under each task/delivery order satisfactorily. Upon request, the Contractor shall furnish the COTR with formal documentation of the training provided to Contractor staff. The Contractor is responsible for ensuring individual employees have achieved required competence levels. Except where specifically approved by the COTR, training of Contractor staff to be fully qualified under their applicable labor category is not separately billable. Specialized training, usually relating to the AF Program or a specific component, that is requested by the COTR or ACOTRs is billable. Please see Section C.4.4.1 regarding Government requested training.

In addition to job-specific or professional training, the Contractor shall ensure its employees on this contract are trained on "contract-specific" issues such as DOJ ethics, standards of conduct, individual conflicts of interest, confidentiality requirements, DOJ security requirements, understanding of the function of reporting, and the importance of quality control and quality assurance. In addition, Contractor managers shall be educated in the terms and conditions of the contract.

C.1.5.4 Employee Qualifications and Conduct

The Department reserves the right to require the Contractor to reassign from this contract any Contractor employee(s) who is deemed incompetent, careless, unsuitable or otherwise objectionable, or whose continued use under the contract is deemed contrary to the best interests of the Government.

The Contractor shall remove any employee from performance of contract work within five (5) working days of receiving notice from the Contracting Officer that the employee's performance is unsatisfactory. The Contractor shall immediately remove any Contractor employee found to represent a threat to the safety of government records, government employees, or other Contractor employees; if this occurs the Contractor shall reimburse the Department for the cost of any Department-provided or funded training given to the Contractor employee who ceases to perform Contract duties within six (6) months after receiving that training.

C.1.5.5 Labor Categories

The labor category descriptions and minimum qualifications to which the contractor must comply are set forth in Attachment (6). Additional labor categories may be added during the contract period.

All contractor personnel assigned for this work must be fully capable of reading, writing, understanding, and speaking common English and must be computer literate.

These minimum requirements are not subject to the waiver process below.

Qualification Requirement Waiver Request. During contract administration, and under certain circumstances, the Government reserves the right to waive specific qualification requirements for any given labor category if issuing a waiver is determined to be in the best interest of the Government. The issuance of waivers will not be a routine practice. In each case, a waiver request shall be submitted by the Contractor, along with the resume for the individual for whom the waiver is being requested, giving a description of and full justification for the proposed waiver. The waiver request package shall include a synopsis of the recruitment leading up to the request to include a complete list of the pool of candidates from which the subject individual was selected. The waiver request will be reviewed and approved by the Contracting Officer. The Contracting Officer may delegate the approval authority to the COTR. If the waiver is granted, the position description is not changed, but the individual person granted the waiver is authorized to work under that specific title with all the duties and benefits conferred upon

it. However, the waiver is not transferrable to another labor category.

C.1.5.6 Health Benefits Plan

The Contractor shall maintain an employee health benefits plan as part of its Total Compensation Plan. For any newly established health benefits plan or modification to an existing health benefits plan, the Contractor shall notify the Contracting Officer at least sixty (60) days in advance and describe the new pension plan and/or modification. Prior to implementing the new plan or modification to the existing plan, the Contractor shall meet with Government representatives to discuss the new plan or modification and resolve any Government concerns, if such a meeting is deemed necessary by the

Contracting Officer. The Contractor shall provide yearly non-attributable health benefits claims history and demographic data on the existing workforce. The Contractor shall provide copies of the standard health claim data reports furnished to the Contractor by their chosen health insurance carrier. Unless prohibited by federal or state laws/regulations, these reports will include claims, enrollment, and large claim information under the carrier's normal reporting schedule. Claims data shall be submitted to the COTR by March 1st of each year and cover the preceding calendar year.

C.1.6 Security Clearances

(a) Each employee of the Contractor working under this contract is subject to the security clearance requirements as set forth in the task/delivery order. Prior to assigning an employee to the contract, the Contractor must submit for that employee the completed forms as specified in the task/delivery order.

(b) The Contractor is responsible for screening all prospective employees for suitability for work on this contract as delineated in the Contractor's proposal. Guidelines for this screening function will be provided.

(c) For planning purposes, there are currently 305 employees with clearances performing under the contract.

(d) For further security requirements under this contract, see the clause H.16.

C.1.7 Quality Control

The Contractor shall be solely responsible for the quality of services provided.

The Contractor shall also be liable for Contractor employee negligence, and any fraud, waste or abuse.

The Contractor shall utilize a Quality Control (QC) System to ensure that services are completed in accordance with generally acceptable principles of internal control.

Should specific acceptable levels of quality be added to the contract, the Quality Control System shall be revised to ensure compliance. The operation of the Quality Control Program shall be described in a written plan maintained and made available to the COTR.

The Contractor shall maintain this plan and revise it as necessary throughout the life of the contract.

At a minimum, the Quality Control System shall ensure overall contractor performance and delivery of support at a level equal to or greater, than the rating of “good” as indicated in the attached sample Contractor Performance Report (Attachment (7)).

C.1.8 Performance Evaluation Meetings

At a minimum, performance evaluation meetings shall be held quarterly during the contract performance period, or as agreed to by the COTR and the Contractor.

Performance meetings will be required on a weekly basis during the transition period and initial implementation.

The Contractor shall be prepared to discuss contract performance at these meetings. These meetings shall be conducted as specified by the COTR. Meetings will be held during hours that are mutually agreeable between the COTR and the Contractor.

At a minimum, these meetings shall include the Contractor's Program Manager and the COTR. A mutual effort will be made to resolve any problems which arise during the performance of the contract. Written minutes of these meetings shall be prepared by the Contractor for the COTR=s approval.

COTR approved performance meetings may also occur between the Contractor and a specific component. The contractor shall brief the COTR regarding the results of any such component specific performance evaluation meetings.

C.1.9 Contract Phase-In

The continuing provision of support services covered under this solicitation is essential to continuity of the program. Therefore, it is critical that the transition from the current operation to a new contract be accomplished in a well planned, orderly and efficient manner. The Contractor shall be responsible for the phase-in of Contractor personnel and the assumption of ongoing tasks in accordance with the Government phase-in schedule. Certain current staff of the incumbent contractor will be available during this period to provide administrative and technical orientation to new Contractor personnel, familiarize the Contractor with required services, and provide other guidance and assistance as mutually determined by the Government and the Contractor. The specific phase-in assistance to be provided shall be determined by the Government.

Transition costs will be the responsibility of the Contractor.

C.1.10 Contract Phase-Out

At the conclusion of the contract, the functions performed under this contract may convert to an in-house Government operation or may be awarded through another contract. In either case, the Contractor may be required to assist in the phase-out of this contract. The price and terms of the assistance required will be negotiated as a separately priced task order.

C.1.11 Contingencies

Special and emergency situations…