DJJR-07-RFP-04625.17.07FINAL.doc
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DJJR-07-RFP-0462 RFP Document
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| AwardNotification.doc | DOC document | |
| AttachmentJ.7Questions AnswersFINAL.doc | DOC document | |
| Amendment1DJJR-07-RFP-0462.pdf | ||
| AttachmentJ.2SampleTOSOW.pdf | ||
| RFP-0462CoverLetter.doc | DOC document | |
| AttachmentJ.3-DD.254.doc | DOC document | |
| AttachmentJ.5SubcontractingPlan.doc | DOC document | |
| AttachmentJ.1PricingChart.xls | XLS spreadsheet | |
| AttachmentJ.6RespondentstoSourcesSought.doc | DOC document | |
| AttachmentJ.4ConfidentialityAgreement.doc | DOC document |
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OMB CLEARANCE NO. 1103-0018 (exp. 2/28/2001)
| SOLICITATION, OFFER AND AWARD |
| 1. THIS CONTRACT IS A RATED ORDER ( |
UNDER DPAS (15 CFR 700)
| RATING |
| PAGE OF PAGES |
| 1 |
| 86 |
| 1. CONTRACT NUMBER |
| 2. SOLICITATION NUMBER |
| 3. TYPE OF SOLICITATION |
| 5. DATE ISSUED |
| 6. REQUISITION/PURCHASE NUMBER |
DJJR-07-RFP-0462
| SEALED BID (IFB) |
| 07/17/2007 |
| 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
1331 Pennsylvania Avenue, NW, Suite 1000
Washington, DC 20530
Note: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and 4 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 Section 8 until 1:00 p.m. local time July 10, 2007 .
(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 |
| AREA CODE |
| NUMBER |
| EXT. |
| Linh T. Lam |
| 202 |
| 307-1956 |
| n/a |
| linh.lam@usdoj.gov |
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 |
| 1 |
| x |
| I |
| CONTRACT CLAUSES |
| 57-60 |
| x |
| B |
| SUPPLIES OR SERVICES AND PRICES/COSTS |
| 5-8 |
| PART III ( LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS |
| x |
| C |
| DESCRIPTION/SPECS./WORK STATEMENT |
| 9-24 |
| x |
| J |
| LIST OF ATTACHMENTS |
| 61 |
| x |
| D |
| PACKAGING AND MARKING |
| 25 |
| PART IV ( REPRESENTATIONS AND INSTRUCTIONS |
| x |
| E |
| INSPECTION AND ACCEPTANCE |
| 26 |
| x |
| K |
| REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS |
| 62-66 |
| x |
| F |
| DELIVERIES OR PERFORMANCE |
| 27-29 |
| x |
| G |
| CONTRACT ADMINISTRATION DATA |
| 30-36 |
| x |
| L |
| INSTRS., CONDS., AND NOTICES TO OFFERORS |
| 67-80 |
| x |
| H |
| SPECIAL CONTRACT REQUIREMENTS |
| 37-56 |
| x |
| M |
| EVALUATION FACTORS FOR AWARD |
| 81-86 |
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 120 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)
25. PAYMENT WILL BE MADE BY
| 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) |
TABLE OF CONTENTS
5Section B - Supplies or Services/Prices
B.1 General B.2 Estimated Quantities B.3 Pricing Table B.3.1 General B.3.2 Pricing Table Section C - Description/Specifications C.1 Introduction C.2 Contract Background C.3 Purpose C.4 Scope of Work C.4.1.
General C.4.2 Range of Work C.4.3 Process C.4.4 Work Examples C.4.5 Tracking and Reporting C.5 Contract Management and Administration C.5.1 General C.5.2 Contractor’s Program Management Responsibilities C.6 Personnel C.6.1 Staffing Requirements for Support Services C.6.2 Key personnel C.6.3 Education/Experience Requirements of Labor Categories C.6.4 Requirement for Expert Witness Testimony C.6.5 Experience/Qualifications Substitutions C.6.6 Reassignment of Contractor Personnel C.6.7 Quality Assurance and Quality Control C.7 Government Furnished Items C.8 Security Section D - Packaging and Marking D.1 Preservation, Packing And Marking Section E - Inspection and Acceptance E.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) E.2 Inspection and Acceptance Section F - Deliveries or Performance F.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) F.2 Notice to the Government of Delays F.3 DSS Security Clearance F.4 Delivery F.4.1 Period of Performance F.4.3 Schedule F.4.4 Place of Delivery F.4.5 Reports F.5 52.217-8 Option to Extend Services. (NOV 1999) Section G - Contract Administration Data G.1 Responsibilities of Contract Administration G.1.1 Contracting Officer's Technical Representative (COTR) G.1.2 Government Project Manager G.1.3 Administrative Contracting Officer G.1.4 Security Programs Manager (SPM) G.1.5 Contractor Representative(s) G.2 Payment G.3 Invoice Follow-Ups G.4 Consideration, Payment, and Advance Cost Understandings For Time-and-Materials & Labor Hour Work Section H - Special Contract Requirements H.1 Contract Type H.2 52.216-22 Indefinite Quantity (Oct 1999) H.3 52.216-18 Ordering (OCT 1995) H.4 Ordering Activity H.5 Guaranteed Minimum and Contract Maximum H.6 [Reserved] H.7 Order Content H.8 Fair Opportunity H.9 Task Order Evaluation Reports H.10 Freedom of Information Act Requests for Contractor’s Proposal H.11 Key Personnel H.12 Indemnification 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 – Classified H.18 Organizational Conflicts of Interest - General H.19 Insurance H.20 Confidentiality of Data H.21 Government Rights in Software and Data H.22 Proprietary Rights H.23 Electronic Subcontracting Reporting Systems (eSRS) – Interim Procedures Section I - Contract Clauses I.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) I.2 52.233-2 Service of Protest (SEP 2006) I.3 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material. (JUN 1996) Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders K.1 52.204-3 Taxpayer Identification. (OCT 1998) K.2 52.204-8 Annual Representations and Certifications. (JAN 2006) K.3 FAR 52.219-4 Notice of Price Evaluation Preference for Hubzone Small Business Concerns. (OCT 2004) K.4 52.223-13 Certification of Toxic Chemical Release Reporting. (AUG 2003) Section L - Instructions, Conditions, and Notices to Bidders L.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) L.2 52.216-1 Type of Contract. (APR 1984) L.3 52.222-46 Evaluation of Compensation for Professional Employees (FEB 1993) L.4 52.233-2 Service of Protest. (SEP 2006) L.5 JAR 2852.233-70 Protests Filed Directly with the Department of Justice. (JAN 1998) L.6 Special Notice to Offerors – Attachment J L.7 Instructions for Proposal Submission L.7.1 General L.7.2 Volume I - Business Proposal L.7.3 Volume II - Technical Proposal L.8 Proposal Preparation Cost L.9 Submission of Offers L.10 Exceptions to the Solicitation L.11 Inquiries Concerning the RFP Section M - Evaluation Factors for Award M.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) M.2.
Selection and Award Criteria M.2.1 General Conditions M.2.2 Award Criteria M.2.3 Evaluation Process M.3 Technical Evaluation M.3.1 Technical Evaluation Factors M.4 Pricing Evaluation M.4.1 Evaluation of Option Periods M.4.2 Extension of Unit Prices
Section B - Supplies or Services/Prices B.1 General
(a).
The Contractor shall provide, in accordance with the requirements specified herein, all the resources necessary to complete any of the tasks described in this Statement of Work. 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, labor hour, or time-and-materials basis, or any combination thereof. The process for task order placement is described in Section H.8 and in Section C, paragraph C.4.3 of the Statement of Work.
(b).
The contract term is expected to include a base period and six (6) option periods as shown in the Table below. See Section F.4.1 for complete contract term and option information.
Contract Term
| Base Period |
| October 1, 2007 through September 30, 2008 |
| Option Period 1 |
| October 1, 2008 through September 30, 2009 |
| Option Period 2 |
| October 1, 2009 through September 30, 2010 |
| Option Period 3 |
| October 1, 2010 through September 30, 2011 |
| Option Period 4 |
| October 1, 2011 through September 30, 2012 |
| Option Period 5 |
| October 1, 2012 through September 30, 2013 |
| Option Period 6 |
| October 1, 2013 through September 30, 2014 |
(c) The anticipated date of award for the proposed contract is October 1, 2007. Immediately upon award, the Government anticipates on providing fair opportunity for consideration among the new PACS contracts, with 10-15 on-going task orders under the existing PACS contracts. The performance of the task orders is expected to commence no later than December 2007. 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 is accomplished in a well planned, orderly and efficient manner, utilizing the Transition Plan provided by the contractor in accordance with Section L.3.3.3 of the solicitation.
B.2 Estimated Quantities
(a) The estimated Annual quantities (i.e., volumes for all contracts combined) for each contract line item number (CLIN) are contained SEQ CHAPTER \h \r 1in Attachment J.1 “Pricing Table” of this Solicitation. Those quantities represent the Government's best estimate of activity as it relates to professional investigative, analytical, and technical support for the Asset Forfeiture Program (AFP) and do not necessarily represent actual or budgeted/funded needs. There is no guarantee that the estimates for each CLIN/contract period as contained in the Solicitation will accurately reflect actual quantities ordered in the performance of the contracts awarded under this Solicitation.
(b) The Department will order a minimum amount of $100,000 from each Contractor who is awarded a contract as a result of this solicitation. The Department will have the entire term of the contract (to include all options) to fulfill the contract minimum. The specific Contract Line Item Numbers (CLIN) and quantities will be identified in the task orders issued under this contract. The exercise of the renewal options (see Section F.4.1) 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 (c) below. If the minimum amount has not been ordered then the Department will exercise the option for the next year.
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 all the Professional Assistance Contracts (PACS) shall not exceed $475,000,000.00 for the entire term of the contracts, including all options which may be exercised.
B.3 Pricing Table
B.3.1 General tc " B.3.1 General " \l 3
All contract unit prices and estimated Travel and Other Incurred Expenses shall be as specified in the pricing table contained in Section B.3.2. The basic contract line item number (CLIN) structure includes a one-digit prefix and a four-digit core number. The first digit of each CLIN 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 remaining three digits are reserved as the “unique identifier”. The pricing table contains fixed unit prices of hourly rates for labor and estimated Other Incurred Expenses and Travel as defined below.
(a) Hourly Rate. All hourly rates are considered fixed unit prices that shall include all expenses and profits. Expenses include, but are not limited to: salaries/wages, fringe benefits, equipment usage, computer resources (defined as “in-house” computer resources which are utilized by the Contractor at its site in the performance of work comparable to that required under this contract, including personal computers for Contractor staff), facilities, overhead, and general and administrative expenses. The Contractor can discount its unit prices for any task order. Discounted prices will be specified in the task order and will only apply to that task order.
(b) Other Incurred Expenses. 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 basis or to price a task order on a fixed-price basis. Examples of ODCs can include, but are not limited to: travel, supplies, computer usage charges, couriers, long distance telephone charges directly related to this contract, incoming faxes, maintenance for microfilm reader and if necessary the purchase of computer equipment and associated software. ODCs will be billed at cost. No administrative handling charge is allowed.
(c) Travel. 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. All reimbursable long distance travel shall be approved in advance by the Contracting Officer’s Technical Representative (COTR). As a general rule, salary is not reimbursable unless travel occurs during normal business hours. 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 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.
[The rest of this page is left intentionally blank.]
B.3.2 Pricing Table
Section C - Description/Specifications C.1 Introduction
The Department of Justice Asset Forfeiture Program (AFP) is a nationwide law enforcement program that operates as an effective and powerful weapon in the fight against crime. The principal mission of the Program is to ensure that the forfeiture of the assets of criminals remains an effective deterrent to crime. Federal employees, contract personnel, and state and local law enforcement officials work cooperatively in investigating and prosecuting cases involving asset seizure and forfeiture to support the Program’s mission. The primary objectives of the Program, as set forth in The Attorney General’s Guidelines for Seized and Forfeited Property (July 1990), are:
(1) to punish and deter criminal activity by depriving criminals of property used or acquired through illegal activities;
(2) to enhance collaboration among foreign, federal, state, and local law enforcement agencies through the equitable sharing of assets recovered under the program; and,
(3) to produce revenues (as a by-product of the first two objectives) in order to enhance forfeitures and strengthen law enforcement.
The primary mission of the Department’s 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 our society. Asset forfeiture has the power to disrupt or dismantle criminal organizations that would continue to function if we only convicted and incarcerated specific individuals.
The Asset Forfeiture Management Staff (AFMS) has responsibility for the administrative management functions of the Asset Forfeiture Program in the Department of Justice. These functions consist of management of the Department’s Assets Forfeiture Fund (AFF), including interpretation of the AFF statute; management and operation of the Consolidated Asset Tracking System (CATS); management of both internal and external budget processes regarding AFF monies; managing investment of AFF and Seized Assets Deposit Fund (SADF) surplus balances; development, administration and oversight of asset forfeiture program-wide contracts; review, audit, and evaluation of asset forfeiture program activities; identification of program weaknesses and development, monitoring, and review of appropriate internal controls; and analysis of legislative, policy, and regulatory proposals that may affect the execution of the Asset Forfeiture Program.
The AFMS provides asset management and financial oversight to the Asset Forfeiture Program, in support of six DOJ components and four non-DOJ agencies: Asset Forfeiture and Money Laundering Section, Criminal Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, Federal Bureau of Investigation, US Marshals Service, and US Attorneys; and the US Department of Agriculture, the US Food and Drug Administration, US Postal Inspection Service, the US Department of State.
C.2 Contract Background
Section 524(c) of Title 28 of the United States Code makes the Department of Justice (DOJ) Assets Forfeiture Funds available for purposes of contracting for services related to the seizure and forfeiture of property. There are two components to the support of AFP. The administrative support component is to provide DOJ asset forfeiture with ongoing, repetitive administrative support services involving document analysis and review, technical legal support, data entry, and clerical support. A single contract was awarded to support these administrative services. The professional services component involves overall management, evaluation, and control of the AFP. Three contracts were issued to three vendors to provide professional investigative, analytical, and technical support. These contracts are called the Professional Assistance Contracts (PACs); they share the statement of work and will expire September 30, 2007. Resulting contracts awarded under this solicitation will continue to be known as PACs.
C.3 Purpose
The Department of Justice intends to resolicit for one or more contracts with firms to provide professional investigative, analytical, and technical support services to AFP management and to provide specific case related professional support to the field components of the AFP. The nature of the services required, especially those which are case related, is such that services must be performed within stringent time constraints. Since the AFP operates nation-wide, projects may take place anywhere within the United States. It should be noted that judicial action may obviate the need for performance of some or all of the services on a particular order. Therefore there is no guarantee the estimated quantities/amount on any given task order will accurately reflect the quantities/amount actually required for performance of the services or that conditions affecting performance will be stable.
C.4 Scope of Work
C.4.1.
General
The contractor shall be responsible for planning, scheduling, and procuring all items/services required by the task order. This shall include, but is not limited to:
Furnishing all necessary qualified personnel, facilities, materials, and services to conduct studies and provide services to the AFP and to other Asset Forfeiture Management Staff approved requirements in accordance with this Statement of Work, as described below.
(b) Screening employees and processing requests for DOJ security clearances for contractor personnel and ensuring that contractor facilities utilized meet the physical security requirements of the contract (see Section H.17).
(c) Planning, scheduling and procuring airfare, lodging accommodations, and ground transportation for all approved travel by contractor personnel; ensuring that invoiced travel costs are itemized in accordance with the Federal Travel Regulations currently in effect.
(d) Planning for and making all necessary arrangements to ensure that Contractor personnel performing field work have all necessary supplies and equipment in advance of or simultaneous with their arrival at the site.
(e) Providing, throughout the term of this contract and at no cost to the Government, adequate and proper training of all personnel performing work under this contract. In addition to requisite job/professional training, the contractor shall educate its employees on "contract specific" issues such as: DOJ Asset Forfeiture Program, DOJ ethics, conflict and confidentiality requirements; DOJ security requirements; understanding the litigation process - civil and criminal - and terminology; and understanding the importance of the quality/performance standards. Contractor managers shall, in addition, be educated in the terms and conditions of the contract.
C.4.2 Range of Work
Although the required tasks are generically the same for all participating components, the individual mission of each component in the AFP does affect the emphasis and procedures of the tasks. The following is a summary of DOJ forfeiture component missions.
Bureau of Alcohol, Tobacco, Firearms & Explosives
Enforces the federal laws and regulations relating to alcohol, tobacco, firearms, explosives and arson by working directly and in cooperation with other federal, state and local law enforcement agencies. ATF has the authority to seize and forfeit firearms, ammunition, explosives, alcohol, tobacco, currency, conveyances and certain real property involved in violation of law.
Drug Enforcement Administration
Enforces the controlled substances laws and regulations of the United States and recommends and supports non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets. DEA is responsible for investigations, seizures, administrative forfeiture processing and has secondary responsibility for property management and disposition. The various field offices support the AFP; however, many support activities are consolidated in the Office of Chief Counsel.
Federal Bureau of Investigation
Investigates a broad range of criminal violations, integrating the use of asset forfeiture into its overall strategy to eliminate targeted criminal enterprises. The FBI has successfully used asset forfeiture in White Collar Crime, Organized Crime, Drug, Violent Crime and Terrorism investigations. The FBI is responsible for investigations, seizures, administrative forfeiture processing and has secondary responsibility for property management and disposition. All field offices support the AFP. Forfeiture Asset Seizure Teams have been formed in many offices to provide dedicated teams of agents and support personnel.
U.S. Attorney's Office
The USAO is responsible for the prosecution of both criminal and civil actions against property used or acquired during illegal activity. Each of the 94 offices may handle civil and criminal forfeiture cases.
U.S. Marshals Service
USMS is the primary custodian of seized property for the Program. USMS manages and disposes of the majority of the property seized for forfeiture.
Asset Forfeiture and Money Laundering Section, Criminal Division
AFMLS holds the responsibility for coordination, direction, and general oversight of the Program. AFMLS handles civil and criminal litigation, provides legal support to the U.S. Attorneys' Offices, establishes policy and procedure, coordinates multi-district asset seizures, administers equitable sharing of assets, acts on petitions for remission, coordinates international forfeiture and sharing and develops training seminars for all levels of government.
Non-DOJ Asset Forfeiture Components may require support by the range of services covered by resulting contract(s). The magnitude and emphasis of each action will vary among the components. This support may be provided to any organization approved by the Asset Forfeiture Management Staff. There are several organizations outside the Department of Justice who participate in the DOJ Asset Forfeiture Program. This list may change as additional agencies and offices become part of the DOJ program. These agencies currently participate:
United States Postal Inspection Service
USPIS makes seizures under their authority to discourage profit-motivated crimes such as mail fraud, money laundering and drug trafficking using the mail.
Food and Drug Administration
FDA's Office of Criminal Investigations has made seizures involving health care fraud schemes, counterfeit pharmaceuticals, illegal distribution of adulterated foods, and product tampering
United States Department of Agriculture, Office of the Inspector General
USDA’s Office of Inspector General’s (OIG) mission is to promote effectiveness and integrity in the delivery of USDA agricultural programs. Forfeiture is integrated as an important law enforcement tool in combating criminal activity affecting USDA programs.
Department of State, Bureau of Diplomatic Security
The Bureau of Diplomatic Security investigates passport and visa fraud and integrates asset forfeiture into our strategy to target the profits made by vendors who provide fraudulent documentation or others who utilize fraudulent visas and/or passports to further their criminal enterprises
Non-DOJ Asset Forfeiture Program Agency Assistance Support
US Immigration and Customs Enforcement – Department of Homeland Security
The ICE Office of Investigations utilizes its forfeiture authority as a tool to attack and dismantle the infrastructure of criminal organizations when investigating violations of Immigration and Customs law.
Non-Asset Forfeiture Assistance/Support
Other Offices, Boards and Divisions (OBDs) within the Department of Justice and other Federal Agencies may utilize this contract if the specialized services available meet their program requirements, thereby mitigating the need for their own separate, duplicative procurement. This support may be provided to any organization approved by the Asset Forfeiture Management Staff. DOJ may charge other agencies an administrative fee to cover costs of using this contract. Note that task orders placed under this provision need not be related to asset forfeiture.
C.4.3 Process
Requests for professional investigative, analytical, and technical services will be specified through task orders issued under the terms of the contract. The Department will provide fair opportunity for consideration of customer requirements among all PACS Contractors at the task order level. Specific task order level statements of work will be issued and proposals solicited from each PACs Contractor, when appropriate. Contractors shall have an opportunity with each task order solicitation to submit questions and/or to request a pre-proposal conference for the purpose of clarifying a requirement. The contractor(s) selected shall have certified through its task order proposal that it has the experience, capability, and willingness to commit the resources necessary to plan, organize, and execute the task order. Debriefing information shall be provided via email by the Administrative Contracting Officer (ACO), or in his/her stead, by the COTR, when requested. Meetings for the purpose of debriefing non-selected offerors will not be granted.
C.4.4 Work Examples
The following are examples of the types of studies and services that may be ordered under this contract. The list is designed to show typical projects, is not inclusive, and other types of studies or services may be required:
1.
Program Evaluation
· Conduct program-wide analyses to assess impact on changes in policies, guidance, and practices.
· Analyze organizational compliance with established policies and procedures, investigate reasons for non-compliance, and make recommendations for improving policies and make procedures documents.
· Develop standard audit programs and checklists to be used by in-house review teams.
2.
Management and Organizational Analysis
· Provide management support and problem solving analyses to agencies within the AFP.
· Conduct cost/benefit analyses of property and case seizure, management, and disposal practices.
· Conduct work flow analyses based on data from the asset management system and evaluate timeliness of key life-cycle events.
· Develop productivity measures for operations and outcomes of the asset forfeiture program and conduct analyses to determine productivity of program components.
· Develop methodologies for the determination of staffing needs and allocation of Assets Forfeiture Fund resources for the AFP components.
· Develop modeling applications to assist in projecting future workloads.
· Document best practices for asset seizure, management, and disposal; develop guidance documents and manuals to provide improved performance.
3.
Financial Management and Internal Controls
· Develop a comprehensive approach to conducting internal control reviews, including a means of assessing risk, protocols for conducting on-site reviews, and standards for testing adherence to control objectives.
· Perform internal control reviews of programs associated with the AFP or management of assets.
· Provide technical support in determining the causes of weakness, develop options for correcting the weaknesses, and conduct follow-up reviews to assess progress in implementing corrective actions.
· Provide independent verification and validation of data in the asset management information system; as necessary, develop recommendations for improving data integrity.
· Assist in the preparation of financial statements that comply with the Office of Management and Budget and other applicable governmental guidance.
· Perform audits of financial statements in accordance with Government Auditing Standards, promulgated by the Comptroller General of the United States.
· Support the Government in assessing and improving financial management systems, financial reporting and analysis of strategic financial planning, financial policy formulation and development.
· Help to devise and implement performance measures, assist with financial quality assurance efforts and perform benchmarking.
4.
Information Resources Management
· Provide expert information technology and communications systems design and programming assistance throughout the AFP.
· Review and evaluate the effectiveness and efficiency of AFP information systems.
5.
Commercial Accounting and Business Analysis
· Provide commercial accounting, auditing, and/or business analysis expertise and assistance to component regional and field offices in support of specific cases.
6.
Management of Enterprises
· Provide operational management of seized enterprises, e.g., restaurants, stores and specialty shops, hotels, apartment complexes, shopping centers, farms, wholesalers, manufacturing plants and/or passive monitoring of businesses under a restraining order.
· Provide monitoring, receivership and trustee services for businesses operating under restraining orders and for those that have been seized.
7.
Training
· Develop materials and conduct training for prosecutors, law enforcement personnel, and support personnel on best practices.
· Assist in the planning and conduct of conferences on asset forfeiture issues.
· Develop training materials, assist in the logistical planning of training sessions, conduct training, and provide continuing technical assistance through “help-desk” operations, as required for a target audience that may include prosecutors, law enforcement personnel, and/or administrative personnel.
8.
Industry Specialist/Consultant Services
· Provide specialized services support, including, but not limited to such specialized disciplines as: hydrology, biology, toxicology, chemistry, engineering, and forensics. The expert will generally be required to assist in understanding technical case documents and processes and sometimes to provide an evaluation of case related issues, information, reports, analysis, and determination of factual findings and may be required to provide expert witness testimony.
· Provide specialized computer recovery services to assist in the recovery of information from seized computers.
· Conduct in-depth analyses of the value of real property and the viability/value of commercial enterprises that are subject to seizure for forfeiture.
9.
Investigative Services
· Conduct a detailed analysis of records to accomplish the goals of the forfeiture-related aspects of the investigation. Records made available for analysis can 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 the Government’s interest in forfeitable assets, as well as determining an amount to seek for forfeiture and tracing the proceeds of the criminal activity to identify forfeitable assets. This analysis should include the identification of substitute assets where such exist.
· 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.
· 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.
· 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.
· 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.
· 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.4.5 Tracking and Reporting
The contractor(s) shall maintain appropriate tracking systems which shall enable it to prepare and submit a report to ensure that both the Government and the contractor maintain an accurate record of all task orders, and where applicable, all sub-task orders, issued under this contract and the status thereof. To support this function, the contractor shall conduct, and submit to the COTR, a monthly review of all task orders and sub-task orders issued and document and update the following information for each task order:
(a) Task order number;
(b) Sub-task order number, if applicable
(c) Date of order;
(d) Case/project number;
(e) Description of case/project;
(f) Type of order (FFP, T&M, and/or LH);
(g) Last modification number;
(h) Total amount of order (funds obligated);
(i) Cumulative funds expended by CLIN under the order;
(j) Estimated amount of current month’s invoice;
(k) Planned/actual completion date;
(l) Projected funding shortfall or excess through the end of the fiscal year,
(m) Cumulative funds expended by CLIN under all orders issued from contract inception.
Other reports and deliverables shall be provided as required in accordance with the statement of work issued for each individual task order.
C.5 Contract Management and Administration
C.5.1 General
The Contractor shall provide all management, administration, staffing, planning, scheduling, procuring, etc., for all items and services required by contract and/or task order. Listed below are all of the management and administration requirements that must be provided within the unit prices contained in Section B. The following items are not separately billable under the contract or any task order.
(a) All activities associated with recruiting and hiring staff, such as advertising, screening applicants, interviewing, reference checking, etc.;
(b) Screening and processing prospective contract staff to ensure all Contractor employees used under this contract meet the appropriate personnel hiring and security clearance requirements as specified in Section H.17 of this contract;
(c) Maintaining “in-house” skills, team, and/or subcontract arrangements to ensure that staff with the requisite experience, skills, and knowledge are available on short notice;
(d) All activities associated with management of the Contractor’s facilities that may be utilized, including obtaining space, equipment, furniture, supplies, maintenance, etc.;
(e) Utilizing electronic means to conduct business transactions under this contract to the maximum extent feasible. This will include, but is not limited to, Government/Contractor electronic e-mail exchange to support administration of active task orders, Contractor invoicing, and electronic funds transfer for payment of approved invoices;
(f) Planning, scheduling, and procuring airfare, lodging accommodations, and ground transportation for all approved travel by Contractor personnel. Ensuring that invoiced travel costs are itemized in accordance with the Government travel regulations in effect at the time of travel (See Section B.3.1.(c));
(g) Planning for and making all necessary arrangements to ensure that Contractor personnel performing field work have all necessary equipment and supplies by the time they arrive at the site;
(h) Assembling billing data and billing back-up materials, including all time and materials needed for preparing any responses to the Government billing rejection letters. Generating, distributing, and tracking invoices, including generating reports and responding to inquiries regarding invoice status, tracking which deliverables and/or services have been invoiced, and those which have not, etc.;
(i) All activities associated with management subcontractors/team members, such as identifying and qualifying them, negotiating subcontracts, reviewing invoices, ensuring compliance with the security, and other requirements of this Contract; and
(j) Implementing and maintaining quality assurance and quality control systems to ensure that all contract and task orders requirements are met throughout the term of the contract.
C.5.2 Contractor’s Program Management Responsibilities
The Contractor shall institute and maintain a program management structure to negotiate and manage all task orders. The Contractor shall also maintain access to resources that can be called upon to fulfill task order requirements under the contract. The Department will not issue a separate task order to institute or maintain these capabilities. For each task order issued to the Contractor, the Contractor shall maintain a management structure with overall task order control and authority to ensure the successful performance of the work. The Department may request a Program Management Plan prior to issuing a task order. At a minimum, the Contractor’s management structure shall be responsible for the following throughout the life of each task order.
(a) Deploying and maintaining a technically proficient and professionally capable staff;
(b) Keeping personnel turnover to a minimum and ensuring individuals are motivated to achieve excellent performance;
(c) Ensuring problems are minimized and unavoidable problems are resolved with minimal disruption to the activities performed under each task order;
(d) Obtaining continuous feedback on performance from appropriate Government personnel and disseminating feedback to Contractor personnel on all areas of performance;
(e) Continually monitoring the quality of all deliverables and services provided under the task order for purposes of identifying and implementing performance improvements;
(f) Ensuring that all resources necessary to perform the task order are identified with clearly defined roles and deployed on schedule;
(g) Ensuring that all personnel that may have access to information provided by the Department understands the sensitive nature of this information and conducts themselves within all the bounds of applicable rules, guidelines, court orders, confidentially agreements, etc.; and
(h) Storing and safeguarding all sensitive information (documents, etc.) provided by the Government to the Contractor for use during the performance of the work and returning this information, as required, to the COTR or task order-specific Technical Point of Contact at the conclusion of this work.
C.6 Personnel
C.6.1 Staffing Requirements for Support Services
The contractor shall provide only personnel who are fully qualified and competent to perform their assigned work and who possess the minimum qualifications for each labor category as delineated below. Additional labor categories may be added during the contract period by the mutual agreement of both parties. In addition to the minimum qualifications, the qualifications of personnel assigned to each task performed under this contract shall include the specific expertise required for the performance of the task. Each employee of the contractor providing support services under this contract is subject to the security clearance requirements as set forth in Section H.17.
C.6.2 Key personnel
The contractor shall designate an individual as its Contract Manager for this contract. The Contract Manager may not be changed without the written approval of the Administrative Contracting Officer. The contractor may also designate additional individuals as Project Managers to assist the Contract Manager in the management and control of multiple task orders being performed concurrently. The Contract Manager shall be responsible for coordinating the management of all work performed under this contract, and is ultimately responsible for coordinating the efforts of all subcontractors and consultants. The Contract Manager shall act as the central point of contact with the Government, primarily with the COTR. The Contract Manager shall have full authority to act for the contractor in the performance of the required work and services under all task orders. The Contract Manager works independently on all general phases of contract management and has direct responsibility for all phases of performance, including contract management, project/task order management, coordination of resource needs, coordination with corporate resources and managements, and has direct accountability for technical correctness, timeliness, and quality of deliverables. The Contract Manager (and Project Managers) shall have a broad knowledge of the contract's functions, project and resource management skills and techniques, problem analysis skills and techniques, and excellent oral and written communications skills. The Contract Manager and Project Managers shall meet with the COTR periodically on overall performance issues, problems encountered or anticipated, scheduling, priorities, funding, upcoming projects, and related matters.
The Department will not issue a task order exclusively for the Contract Manager’s services. These costs should be built into the overhead costs for the directly billable hours of the senior manager or partner listed in Section B.
C.6.3 Education/Experience Requirements of Labor Categories
(a) Partner/Officer - A member of the firm's top management.
(b) Enterprise Manager - Significant experience in successfully managing a major business enterprise, or a large component thereof, in representative industries set out in Section C.4 above. This individual will have profit/loss responsibility for a seized enterprise and as such will exercise total responsibility for operational management of the enterprise subject only to the oversight of a responsible United States Marshal or in some instances to a Federal Judge. The individual should have at least a master's degree in management, business administration, or a discipline relevant to the industry to be managed.
(c) Project Director - At least six years professional experience planning, conducting and participating in projects similar to those described in Section C.4.4, paragraphs 1 and 2, above. At least some of the experience must include scheduling work to meet completion dates, estimating manpower needs, reviewing project progress and making changes in methodology where necessary. This individual plans, conducts, and supervises projects of major significance, necessitating advanced knowledge and the ability to originate and apply new and unique methods and procedures. This person supplies professional advice and counsel to other professionals and generally operates with wide latitude for unreviewed action. The individual should have at least a master's degree in the social sciences, management, business administration, public administration, or a discipline relevant to the studies and projects described in Section C.4 above.
(d) Senior Professional - The Senior Professional should have essentially the same education, experience, and technical competence as the Project Director in conducting and participating in short-term studies and projects similar to those described in Section IV above. The individual would not necessarily have had the management and planning experiences of the Project Director. However, in some circumstances the Government may require a Senior Professional with legal, management, and/or technical training and experience. Senior professionals assigned to assist Enterprise Managers must possess relevant business experience.
(e) Mid Professional - At least three years professional experience participating in short term studies and projects similar to those described in Section C.4 above. The individual receives assignments associated with projects from the Project Director or Senior Professional, translating technical guidance received into usable data applicable to the particular assignment. Work assignments are varied and require some originality and ingenuity. The individual shall have at least a master's degree in the social administration or a discipline relevant to the studies and projects described in Section C.4 above. Mid professionals assigned to assist Enterprise Managers must possess relevant business experience.
(f) Junior Professional - Less than three years of experience participating in short term studies and projects similar to those described in Section C.4 above. The individual shall gather and correlate basic data and perform routine analyses. An undergraduate degree is preferred.
(g) Senior Auditor - Serves as in-charge auditor for the audit team, which includes independent performance of a major segment of the audit. Must be a senior auditor in the contractor or subcontractor's organization and have a minimum of three years audit experience. Must have a degree in Accounting and CPA certification.
(h) Staff Auditor - Performs as a member of an audit team, which includes performing audit steps under the supervision of a Senior Auditor or Supervisor. The individual must have a degree in accounting, CPA certification, or at least 24 semester hours in accounting from an accredited college or university.
(i) Consultant/Subject Matter Expert (SME) - The industry expert/consultant provides subject matter expertise in the specific field involved in the task. The individual possesses significant knowledge and skills in the specified field, and is generally recognized in the professional community as an expert in the subject matter field. The SME applies specific subject matter expertise to the solution of particular issues critical to the successful completion of the task.
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