IAR_RFP_Master_5_13.pdf

OMB CLEARANCE NO. 1103-0018 (exp. 8/31/2010)

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

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 132

1. CONTRACT NUMBER 2. SOLICITATION NUMBER 3. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

DJJE-13-RFP-0765 SEALED BID (IFB) 13 May 2013

X NEGOTIATED (RFP)

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

U. S. Department of Justice JMD, Procurement Services Staff 145 N Street NE, Suite 8E:300 Washington, DC 20530

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

SOLICITATION

9. Sealed offers in original and 5 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository location in See Block 7 until 12:00 p.m. local time 13 June 2013 .

(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.

10. FOR

INFORMATION ➧

CALL:

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

Richelle P. Wright AREA CODE NUMBER EXT. Richelle.Wright@usdoj.gov

202 307-1995 n/a

11. TABLE OF CONTENTS

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

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 2 X I CONTRACT CLAUSES 18

X B SUPPLIES OR SERVICES AND PRICES/COSTS 6 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 29 X J LIST OF ATTACHMENTS 1

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 3

X G CONTRACT ADMINISTRATION DATA 7 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 21

X H SPECIAL CONTRACT REQUIREMENTS 27 X M EVALUATION FACTORS FOR AWARD 5

OFFER (Must be fully completed by offeror)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 150 Calendar days (60 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.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

(See Section I, Clause No. 52.232-8) % % % %

14. ACKNOWLEDGMENT 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

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

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

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

ITEM

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

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

DJJE-13-RFP-0765 International Asset Recovery Support Services

Solicitation DJJE-13-RFP-0765

THE UNITED STATES DEPARTMENT OF JUSTICE

CRIMINAL DIVISION – ASSET FORFEITURE AND MONEY

LAUNDERING SECTION

INTERNATIONAL ASSET RECOVERY (IAR) SUPPORT

May 2013 i

TABLE OF CONTENTS

SECTION A – SOLICITATION / CONTRACT FORM (SF-33, CONTINUED)

A.1 Contract Type A.2 Items of Documentation Incorporated by Reference A.3 Business Size Classification

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

SECTION C - STATEMENT OF WORK

C.1 Purpose C.2 Introduction C.3 Management and Administration C.4 Scope C.5 Specific Tasks C.6 Performance and Quality C.7 Government-Furnished Property and Services C.8 Contractor-Furnished Property and Services C.9 Records and Document Management C.10 Deliverables C.11 Publications and Forms

SECTION D - PRESERVATION, PACKAGING AND MARKING

D.1 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 F.5 Delivery of Redacted Proposal F.6 Option to Extend the Term of Contract F.7 Option to Extend Services (FAR 52.217-8, NOV 1999) F.8 Delivery Schedule F.9 Notice to Proceed

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer's Representative (COR) G.2 Contract Administration G.3 Contractor Representative G.4 Payment G.5 Payment by Electronic Funds Transfer – CCR (FAR 52.232-33, OCT 2003) G.6 Release of Claims G.7 Security Programs Manager

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Contract Type H.2 Indefinite Quantity (FAR 52.216-22, OCT 1995) H.3 Ordering (FAR 52.216-18, OCT 1995) H.4 Ordering Activity H.5 Order Limitations (FAR 52.216-19, OCT 1995) H.6 Guaranteed Minimum and Contract Maximum H.7 Freedom of Information Act Requests for Contractor’s Proposal ii

H.8 Personnel Requirements H.9 Key Personnel H.10 Specialized Personnel and Subject Matter Experts H.11 Government Furnished Information, Facilities and Assistance H.12 Indemnity and Insurance H.13 Permits and Licenses H.14 Prohibition Against Soliciting and Performing Personal Services H.15 Observance of Legal Holidays/Federal Non-Work Days H.16 Personnel Requirements (Hiring) H.17 Security Requirements – UNCLASSIFIED Materials H.18 Security of Systems and Data Including Personally Identifiable Data H.19 Reserved H.20 Confidentiality of Data H.21 Proprietary Rights H.22 Organizational Conflicts of Interest - General H.23 Electronic Subcontracting Reporting System (eSRS) Interim Procedures H.24 Department of Justice Small Business Subcontracting Goals – 2012/2013 H.25 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency H.26 Task Order Evaluation Reports H.27 Task Order Performance H.28 Transition/Phase-In Period H.29 Language Requirements H.30 Interfaces H.31 Government-Furnished Property and Services H.32 Contingency Plan and Continuity of Operations

Part II – Contract Clauses

SECTION I – CONTRACT CLAUSES

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

SECTION J – LIST OF ATTACHMENTS AND EXHIBITS

Part IV – Representations and Instructions

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

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 Pre-Award On-Site Equal Opportunity Compliance (FAR 52.222-24, FEB 1999) L.5 Reserved L.6 Notice to Offerors L.7 Inquiries Concerning the RFP L.8 Format and Instructions for Proposals L.9 Proposal Preparation Costs L.10 Delivery Location, Proposal Markings, Proposal Due Date L.11 Hand Carried Proposals L.12 Disposition of Proposals

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 Selection and Award Criteria M.2 Technical Evaluation M.3 Pricing Evaluation M.4 Evaluation of Option Periods M.5 Rejection of Offers

Part I – The Schedule

SECTION A – SOLICITATION / CONTRACT FORM (SF-33, CONTINUED)

A.1 Contract Type

(a) The Criminal Division of the Department of Justice (DOJ), Asset Forfeiture and Money Laundering Section (AFMLS), International Asset Recovery (IAR) Support Services is a requirement for which DOJ intends to award a single award Indefinite Delivery / Indefinite Quantity (IDIQ) type contract with a schedule of fixed unit price Labor Hour rates and Other Direct Cost (ODC) handling charge factors. Task orders will be awarded on a fixed-price, labor hour, time and materials or a combination thereof basis as appropriate. The IAR contract will obligate a guaranteed minimum amount of U.S.

dollars ($), as set forth in Section B.2, which will satisfy the Government’s minimum obligation for the life of the contract.

(b) All proposals, regardless of the size of the company, will be evaluated and rated against the criteria established in Section M and must comply with the proposal instructions set forth in Section L herein. This includes those proposals from “small businesses” as defined under Section A.3 (a) herein. The Department plans to award a contract using a “best value” approach as discussed in Section M.

A.2 Items of Documentation Incorporated by Reference

The contract resulting from this solicitation will incorporate by reference the following items of documentation:

(a) The successful Offeror(s) technical proposal dated - ______________________, except for any resumes, past performance data, past experience profiles submitted; and

(b) Information from the business/pricing proposal dated _____________________ deemed necessary by the Contracting Officer to effectively administer the contract.

A.3 Business Size Classification

(a) NAICS Code and Size Standard – The North American Industry Classification Standard (NAICS) code assigned to this procurement is 541199, “Other Legal Services.”

The corresponding small business size standard is $10.0 million in average annual receipts over the past three years. This means that if the prime contract Offeror’s averaged receipts are over this amount, it must certify itself as a “large” business under this procurement in Section K, as well as submit a Small Business Subcontracting Plan even if it is otherwise considered a “small business” under other federal contracts or NAICS codes. Small business size standards will be validated by utilizing the Online Representation and Certifications Application (ORCA) and the Central Contractor Registration (CCR) websites.

SECTION B - SUPPLIES/SERVICES/PRICES

B.1 General

(a) The Contractor shall provide, in accordance with the requirements specified herein, all labor, management, supervision, and other resources necessary to furnish International Asset Recovery Support services to the Department of Justice (DOJ) and other Federal Agencies involved in international asset recovery and forfeiture activities.

All requirements will be fulfilled on an Indefinite Delivery / Indefinite Quantity (IDIQ) task order basis for all services. Individual task orders placed under this contract may be issued on a firm fixed-price (FFP), labor hour (LH), time-and-materials (T&M), or any combination thereof. The process for task order placement is described in Section H.3.

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

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

Transition/Phase-In Period Date of Award through 09/30/13

Base Period 10/01/13 through 09/30/14

Option Period I 10/01/14 through 09/30/15

Option Period II 10/01/15 through 09/30/16

Option Period III 10/01/16 through 09/30/17

Option Period IV 10/01/17 through 09/30/18

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

B.2 Minimum and Maximum Amounts

(a) The Government will order a minimum amount of $100,000 under this contract. The Government will have the entire term of the contract (to include all options) to fulfill the contract minimum. The specific Contract Line Item Numbers (CLINs) and quantities will be identified in the task order(s) issued under the contract.

The exercise of the renewal options (see Sections F.3 and F.6) does not re-establish the contract minimum. During the life of this contract, the Government 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 Government will exercise the option for the next year. See Section H.9 for the estimated minimum level of effort for Key Personnel.

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

B.3 Pricing Tables

(a) Attachment (B.1) to this RFP includes thirteen (13) mandatory pricing tables/worksheets as described below. There is one table/worksheet for hourly rates and 12 tables/worksheets for the pricing scenarios described in Attachment (B.2). For evaluation purposes, each table/worksheet includes a price evaluation model that will automatically calculate each Offeror’s total evaluated price once the Offeror enters fixed hourly rates in the labor table in the grey colored cells; and fixed multipliers in the ODC table in the grey colored cells for award determination purposes (see Sections L.8.1.4 and M.3). Only the expertise category, fixed unit pricing, ODC category and multiplier portion (each described below in this Section B) of each table will carry forward to the contract. Offerors shall ONLY fill in the cells colored in grey. Cells that are colored in yellow shall not be edited or manipulated as there are formulas in these cells to perform the calculations necessary to achieve a total proposed price. For the option years, the Offeror shall use the same scenario.

(b) For proposal pricing purposes only, Offerors shall assume the four (4) international asset recovery pricing scenarios provided in Attachment (B.2). (The Government is not obligated to issue task orders for this work similar or any other similar work.) Utilizing the expertise category levels, defined in Attachment (B.3), Offerors shall insert proposed hourly prices for the base year and all option years for each expertise level category on the Worksheet entitled “Rates A-1” in Attachment (B.1).

Next, the Offerors shall use these prices to fill in the prices of each scenario provided/described in Attachment (B.2). There are three (3) worksheets for each pricing scenario (1 Labor, 1 ODC, 1 Total) with four (4) scenarios totaling twelve (12) worksheets/tables for completion for the pricing scenarios.

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

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

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

(3) Other Direct Costs (ODC) B-2, B-5, B-8, B-11 Tabs. Other Direct Costs

(ODC) are classes or categories of supplies and services which are not included in the unit prices for labor, but are required to complete a given task order that is issued on a time-and-materials (T&M) basis or to price a task order on a fixed-price basis. The ODC Categories have been filled in to delineate the categories of costs required to fulfill the pricing scenarios and Statement of Work. Offerors shall fill in the ODC multiplier(s). The Government will use this table to authorize and track actual ODC expenditures under T&M orders. The 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 reimbursement. The billable amount shall be limited to the actual cost of the item plus the amount resulting from the application of the appropriate multiplier identified in the table (e.g., actual cost of item is $100.00, and multiplier for the CLIN is 1.02, the total billable amount is $102.00). For subcontracted items/services, the multiplier shall only be applied one time. For example, a subcontractor might be required to travel. It is not permissible for the subcontractor to apply a markup to the travel costs in billing the prime contractor, and then for the prime contractor to apply another markup when billing the Government. The multiplier may only be applied once, and must be applied to the original cost of the item. Offerors shall fill in only the areas colored gray with their fixed multipliers. Formulas are present in the areas colored in yellow to calculate a total price once the Offeror fills in the ODC category, multiplier and ODC amounts.

(4) Totals B-3, B-6, B-9, B-12 Tabs. These tables summarize the annual extended prices and totals all years for each major estimated price tab (Labor B-1, B-4, B-7, and B-10 and ODCs B-2, B-5, B-8, and B-11) without any overtime. Tables B-3, B-6, B-9, and B-12 only require the Offeror to fill in one cell. This cell is gray colored and is for claiming the HUBZone price preference. If an Offeror is a HUBZone small business, it shall enter “yes.” If an Offeror is not a HUBZone small business, it shall enter “no.” Other than this cell, which is colored in gray to signify Offeror completion, Tables B-3, B-6, B-9, and B-12 require no other completion of any kind and shall not be altered by the Offeror in any way. The total that will appear in the bottom right corner is the Offeror’s Evaluated Price for that particular pricing scenario. This amount is based on the Offeror’s proposed Labor Category/price times the Offeror’s proposed hours, added to the Offeror’s proposed ODC Category/multipliers times the Offeror’s proposed ODC amounts, and then added to the HUBZone price adjustment unless the Offeror is a HUBZone small business and is claiming exemption from the price adjustment. The HUBZone price adjustment is further explained in Section I.2.3 and M.3 (d).

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

B.4 Unit Prices

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

For example, if the first labor category were a “Senior 3 – Pilot,” regular time, during the base period of the contract, its CLIN would be under CLIN 0-1001-RT.

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

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

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

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

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

Overtime is not considered in the calculation of the Evaluated Prices in Tables B-3, B-6, B-9, B-12, or in the Total Evaluated Price in Table B- 13.

(4) Other Direct Costs (ODC). Offeror defined classes or categories of supplies and services as detailed in the pricing table, Attachment (B.1), 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 fixed-price task order issued on a per lot basis. See also B.5 below.

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

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

(c) Reserved.

(d) The appropriate fixed hourly rates and the ODC multipliers shall apply for the duration of the task, except when the period of performance of a task crosses a contract year and the Government has exercised its option to extend the overall contract. In these cases the then current year contract rates/multipliers shall apply for the balance of the task order performance, effective at the 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 Federal Acquisition Regulation (FAR) Part 29).

(b) If in the Government's interest, the Contracting Officer may issue a letter(s) to the Contractor authorizing the Contractor to 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 and supervisory personnel traveling to a Government site or alternative facility to oversee operations. Personnel temporarily working at a Government site or alternative facility shall consider such facility his/her normal job site.

(b) All reimbursable long distance travel shall be part of the task proposal, with specific trips approved in advance by the COR. Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31 of the FAR. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor shall submit to the COR a request for advance approval to utilize higher class travel. All travel shall be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Individual ‘travel authorization letters’ may be provided to the Contractor (for all Contractor personnel who are required to travel) which may 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 Government encourages advance airfare purchases to take advantage of advanced purchase discounts. If the trip is canceled or travel dates are changed due to the Government’s actions, the Government will, absent special circumstances, pay airline cancellation charges or airline charges for changes in the travel dates.

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SECTION C - STATEMENT OF WORK

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

C.1: Purpose C.2: Introduction C.3: Management and Administration C.4: Scope C.5: Specific Tasks C.6: Performance and Quality C.7: Government-Furnished Property and Services C.8: Contractor-Furnished Property and Services C.9: Records and Document Management C.10: Deliverables C.11: Publications and Forms

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

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

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

Services provided under this contract will assist in the recovery, evaluation, and repatriation of illicit assets to the U.S. for disposition and will facilitate the U.S.

Government’s ability to investigate, identify, restrain, forfeit, and dispose of assets primarily in cases where assets are located abroad. This contract will also provide a means to further the U.S. Government’s assistance to foreign governments in the confiscation and disposition of assets pursuant to their respective laws.

The Government will provide sufficient guidance, supervision, and direction to ensure that no Contractor work involves inherently governmental activities. Further, the Contractor shall only perform routine asset recovery activities under the close supervision of authorized Government officials.

C.2.1 Background

1. The extraterritorial jurisdiction provided by statute gives federal prosecutors a powerful mechanism to deprive criminals and criminal enterprises of the proceeds and instrumentalities of their illegal activities, wherever those assets may have been transferred. The ability to obtain forfeiture orders in the United States for property abroad can result in substantial benefits to international asset recovery efforts, both by facilitating the repatriation of illicit assets to this country for disposition and sharing under U.S. law and by providing a means to assist foreign governments in the confiscation and disposition of assets pursuant to their own laws.

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

3. The OIA is the designated central authority under an extensive network of treaties and agreements which provide the basis for federal prosecutors to make requests for evidence and forfeiture related assistance. OIA works closely with the DOJ Criminal Division’s Asset Forfeiture and Money Laundering Section (AFMLS) and its International Unit (IU), when a case involves forfeiture recovery of property overseas. Each case is different and the degree of assistance provided to the U.S.

often varies depending on the jurisdiction where property is located. In some instances the foreign jurisdiction will be able to enforce a U.S. forfeiture judgment and will be able to assist in the disposition of the assets. However, in many instances the foreign jurisdiction lacks the laws and resources to provide such assistance but will allow the U.S. to take appropriate steps to recover assets.

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

C.2.2 Types of Forfeitures The types of forfeitures for which asset recovery services may be required include:

criminal forfeiture and civil judicial forfeiture.

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

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

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

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

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

Administrative Custody: The Contractor shall provide secured space and containers for sensitive property. The seizing agency strictly controls access to such Administrative Custody containers (e.g. locked conex containers).

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

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

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

C.3 Management and Administration

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

law.

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

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

4. Although the DOJ AFMLS is the sponsoring office for this contract, the contract may be used at the Government's discretion to satisfy the needs of any DOJ component or in support of any other federal agency's law enforcement mission.

Notwithstanding 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 express approval of the CO.

Such tasks may involve direct and incremental costs that are specifically identifiable to a task order and may be of limited duration. The Government will work closely with the Contractor to scope out newly identified requirements that fall within the scope of this contract but may not have been foreseen at the time the RFP was written. For example, while the Offeror shall not assume the need to manage rental properties or operate an ongoing business under this contract, should these special needs arise, the Government will work with the Contractor as appropriate to define specific requirements.

5. Prosecuting and Investigative Agencies authorized to request task orders under this contract include all DOJ, Treasury and DHS law enforcement agencies that have forfeiture authority and are participants in the DOJ Assets Forfeiture Fund (AFF) or the Treasury Forfeiture Fund (TFF), including future participants as admitted from time to time. The DOJ CO will only issue task orders pursuant to prosecuting attorney or supervisory case agent requests (e.g., task orders will not be issued for forfeiture fund participants that do not have forfeiture authority or custodial responsibilities).

While the required tasks are generally similar for all law enforcement agencies issuing task orders under this contract, the individual mission of each agency and component will affect the emphasis and procedures of the tasks. See Technical Exhibit 2 for further information regarding AFF and TFF participants.

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

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

C.3.3 Personnel Requirements

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

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

3. The Contractor shall maintain a pool of permanent and appropriately cleared individuals for Key Personnel positions at a level that the Contractor deems necessary to perform work under this contract. (See Section H.9).

4. The Contractor shall provide specialized personnel and subject matter experts when necessary to successfully perform services in a task order. Specialized task order-specific personnel required under this contract may include, but are not limited to, pilots, veterinarians, expert legal consultants, subject matter experts, etc. To the extent possible, the Government will advise the Contractor in obtaining subject matter experts known to or qualified by the Government. In other cases, the Contractor shall have the capability to independently obtain the proper resources to meet the requirements specified in individual task orders.

For example, if a Constitutional law expert is required in the Czech Republic, DOJ may provide the Contractor with a list of experts in this specific area of work. In cases where in-country subject matter experts are required, DOJ will work with the Contractor and other agencies as appropriate to ensure that local nationals, subject matter experts and specialized personnel performing work under this contract meet all necessary security requirements.

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

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

C.3.4 Interfaces and Coordination

1. DOJ Criminal Division will perform or assist agencies in ensuring all necessary inter-and intra-agency coordination is accomplished prior to issuing a task order to the Contractor. Further, while the Contractor may work closely with program officials from the DOJ/Treasury/DHS agencies, all Contractor activities will be directed via Task Order through the DOJ CO, with requirement origination and technical guidance from the COR in consultation with the International Unit, OIA, Department of State, and the Embassy to include the appropriate legal attaché, to ensure that activities are in accordance with any country-specific protocols, laws, regulations, etc. DOJ will also assist with security and country clearance requirements prior to issuing a task order to the Contractor.

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

C.4 Scope

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

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

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

Task orders will clearly specify the support services required.

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

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

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

The Contractor shall also:

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

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

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

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

(e) Provide qualified professionals to interact with investigators and analysts of the component agencies, as specified in individual task orders. The professional(s) will assist investigators in developing the forfeiture-related aspects of investigations and draw upon their experiences to provide advice and guidance to agency personnel. This support can include suggesting investigative strategies that will lead to the development of the probable cause necessary for the Government to seize and perfect its interest in forfeitable property.

C.5.2 Litigation Support Services As directed, the Contractor shall provide country- and/or language-specific litigation support services including by way of example and not limitation the following types of support services:

(a) Records examination

(b) Financial analysis

(c) Link analysis

(d) Translation support

(e) Document/discovery management

(f) Pre-restraint title examination

(g) Asset valuations

(h) Ownership analysis

(i) Legal analysis of local laws impacting ownership

(j) Transferability and preservation of rights such as grandfathered use, intellectual, and other intangible property rights

(k) Assistance to investigators and prosecutors in expediting access to foreign evidence

(l) Assistance to investigators and prosecutors in support of actions brought in U.S courts

(m) Assistance to investigators and prosecutors in providing timely assistance to foreign authorities in support of parallel investigations

(n) Provision of written or oral testimony about the condition or volume of items consigned to the Contractor

The activities listed above may require the Offeror to perform due diligence on country-specific laws and regulations.

C.5.3 Expert Witness Services The Contractor shall assist in identifying, screening, and selecting foreign expert witnesses to:

(a) Analyze what property interests particular claimants have pursuant to the law of the specific countries such as Russia, the Ukraine, or Taiwan.

(b) Explain how the country’s property interests compare with U.S. property interests.

(c) Explain what, if any, property interests that nation’s court judgments create.

(d) Analyze whether the conduct in…