FY22 AFISS RFI 15JPSS22N00000012.pdf

15JPSS22N00000012

RFI AFISS 2 Recompete

Asset Forfeiture Investigative Support Services (AFISS) Request for Information (RFI)

The purpose of this Request for Information (RFI) is to conduct market research related to the Department of Justice (DOJ) Asset Forfeiture Management Staff’s (AFMS) requirement to obtain investigative, legal, analytical, and technical professional services in support of AFMS mission requirements. DOJ, AFMS has an existing contract for similar services but does not currently have a requirement for the Statement of Work contained in this RFI. This RFI is issued solely for market research and planning purposes. Market research includes determination of the acquisition strategy regarding small business participation and industry feedback on the draft Statement of Work contained in this RFI. DOJ will review the capabilities and past performance of small business contractors interested in providing the services contained in this RFI. Small Businesses with all socioeconomic designations are encouraged to respond. DOJ is particularly interested in obtaining information related to performance indicators and measures associated the performance of AFISS services.

This RFI does not constitute an Invitation for Bids, Request for Proposal or Request for Quotes.

Responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Those who respond to this RFI should not anticipate feedback concerning their submission. All submissions will become the property of the Government and will not be returned. Proprietary information, if any, must be clearly marked on all material(s) submitted. All information received marked Proprietary will be handled in accordance with 41 USC 2101- 2107. Responding to this RFI is completely voluntary and will not enhance or adversely affect responses to any resulting solicitation if such solicitation is issued at a later date. There is no competitive advantage gained by responding to this RFI. Additionally, the Government will not provide reimbursement for any information that may be submitted in response to this RFI. Respondents are solely responsible for all expenses associated with responding to this RFI. No promise of future business with the Government will result from responding to this RFI. By responding to this market research, you provide the Government permission to share your submitted capabilities and contract information with other Government organizations that order from the AFMS contract.

Responses shall be based on the Statement of Work (SOW) contained in this RFI and the two (2) Attachments to the SOW. Information provided in response to this RFI must be submitted to the Contract Specialist (CO), Velvette Clayton at Velvette.clayton@usdoj.gov , no later than Tuesday, December 14, 2021 at 10:00 AM Eastern in the form of an electronic document using portable document format (PDF) or Microsoft Word. The page limit for all responses to items 1-5 below is not to exceed fifteen (15) single-sided, 12-point-font size, Times New Roman font, 8½ x 11-inch pages.

Responses to item 6 below should not exceed 15 pages; therefore any responses addressing items 1-6 should not exceed a total of 30 pages in length. DOJ will confirm receipt of all responses within two (2) business days of submission; however, it is the respondent’s responsibility to verify that the Department received and can view the email.

The Government is not required to respond to any questions submitted in response to this RFI. If the Government chooses to respond to any questions, the questions and answers will be posted to as an amendment to this RFI prior to the due date for responses to this RFI. The anticipated posting date for answers is Tuesday, December 6, 2021. All questions must be submitted to the email address provided above by no later than Wednesday, December 1, 2021 at 2:00 PM Eastern Time in order to be considered by the Government. The Government does not wish to receive telephone calls or emails regarding this RFI. DOJ will host an industry teleconference on Wednesday, December 1, 2021 from 9:30 AM – 11:00 AM with the objectives of (1) providing a brief AFISS overview; (2) communicate with industry regarding AFISS input and questions and (3) provide responses to industry questions as deemed appropriate. Any questions not answered will be included with the amendment to the RFI that contains answers to industry questions and provides the notes from the industry teleconference.

Acquisition Summary-

AFMS has a need for investigative, legal, analytical, and technical professional services to support the Asset Forfeiture Program (AFP). It is anticipated that the resultant award of any solicitation for similar requirements will be a multiple award, Indefinite Delivery/ Indefinite Quantity (IDIQ) contract for nationwide professional support services to support the Asset Forfeiture Management Staff (AFMS).

The performance of services requires an estimated 475 contractor personnel with capabilities necessary to provide investigative, legal, and administrative support at approximately 150 various federal government offices. Performance shall be required around the country to support the administration of Federal Asset Forfeiture programs. At any given time, 15% of the aforementioned positions may be part-time, the rest are full-time. It is anticipated that most contractor personnel will need access to Classified Information to perform the duties associated with this requirement. As such, respondents need to have a facility clearance that enables them to process top secret clearances or higher (TS/SCI).

Responses to this RFI should include the following information and in the order listed below to the maximum extent practicable:

1. Company/Organization name, mailing address, e-mail address, telephone and fax numbers, website address (if available), and the name, telephone number, and e-mail address of a point of contact having the authority and knowledge to clarify responses with Government representatives. A valid DUNS No. should be included for the company/organization providing the response, if applicable.

2. Business Size. Business size is determined by the NAICS code included in the RFI. he NAICS code is NAICS: 561611 Investigation Services ($22 million). Responses should include any socioeconomic designations including status as a Small Disadvantaged Business, 8(a), Woman-Owned, HUBZone, Veteran-Owned, or Service Disabled Veteran-Owned Small Business.

3. Contract Vehicles – Are your services available on the GSA Schedule or any other existing Government ordering vehicle? Please provide the specific GSA contract number or other identifier for any contract vehicles on which your firm is able to provide the services required by this RFI.

4. Provide a list of previous contracts where similar services were provided. For no more than three (3) of these contracts provide customer/Government Agency contact information where these services were provided including: contact name and organization, telephone number, and email address. Include a brief description of the services provided including NAICS code, start and end date of the period of performance, dollar value of anticipated services, dollar value of services actually ordered and delivered, number of labor hours delivered and whether or not your firm was the prime or a subcontractor. If your firm was a subcontractor, please include the percentage of services awarded to your firm based on dollar value and the task(s) completed by your firm. List and contact information shall not exceed three (3) pages in length, total nine (9) pages this section, and will be included in the response page count.

5. Technical Capability. All responses shall include a statement of the firm’s technical capability to meet the requirements contained in this RFI. Key areas to address include:

a) Description of how your firm would staff the positions required to meet the services described in the draft SOW. Your firm should clearly state if it will utilize current in-house staff, staff augmentation, or subcontractors to meet requirements. Detail the methods used for staff augmentation and the percentage of work that will be performed by subcontractors.

b) Your firm’s current facility clearance level and security levels of employees that would be used to staff the positions required to perform the required services. All primes and subcontractors performing services must have a top secret clearance at the time of award, however, government recommends that clearances be presented prior to responding to any resultant solicitation.

c) Your firm’s capability to provide: (1) perform services related to those included in the Statement of Work, (2) effective supervision and management of its employees especially off-site employees, (3) effective management of the overall contract and orders at various locations, (4) adequate employee training to off-site employees, (5) quality control of contract performance, (6) accurate tracking of employee hours, (7) accurate invoices with documentation of hours worked and services performed, (8) coordination with customers at various locations and DOJ component agencies, (9) recruitment of employees for various locations, (10) compliance with all applicable labor laws including federal, state and local jurisdictions, (11) proactive resolve of performance issues with local customers, COR, and CO,

(12) proactive identification and effective address of contractual issues with the CO and CO designees, and (13) performance of required administrative services. In your response, please identify the number of the capability being addressed include your capabilities as it relates to AFMS AFISS requirements and include specific performance examples.

6. Comments on the draft SOW. This section will not be included in the initial page count but should not exceed fifteen (15) pages in length. Industry is encouraged to advise the Government of additional information it needs to better understand the Government’s requirements, to reduce the risk contingency built into pricing, and to reduce barriers to competition. Responses should include industry best practices, and innovative technical approaches/solutions to meet the requirements outlined in this RFI. The Government is particularly interested in information on the following areas within the context of a Government service contract as described in the SOW:

a) Recommendations for performance indicators and quality assurance measures related to draft SOW requirements, reports and services required to complete the forfeiture process;

b) Tracking and quantifying the required services provided to DOJ by Contractor employee labor category including any recommendations for available industry software;

c) Analytics related to services performed, classification of services performed by labor categories, orders by component for services, tracking of funds placed on orders including any recommendations for available industry software;

d) Recommendations on the management of off-site Contractor employees to limit the perception of personal services as defined by FAR part 37 including assignment of tasks, reporting of tasks and providing equipment;

e) Recommendations of Labor categories and qualifications provided as it relates to the required services;

f) Recommendations on a pricing structure as current similar requirements include labor category pricing by hour for all required services contained in the attached SOW.

RFI AFISS Recompete

U.S. Department of Justice

Request for Information

Asset Forfeiture Investigative Support Services (AFISS)

Statement of Work

U.S. Department of Justice

Procurement Services Staff

Two Constitution Square

145 N Street, NE

Washington, DC 20530

TABLE OF CONTENTS

Asset Forfeiture Investigative Support Services (AFISS)

A. TYPE OF CONTRACT

B. CONTRACT SCOPE OF WORK

C.1 INTRODUCTION

C.2 BACKGROUND AND AFMS PROGRAM OBJECTIVE

C.3 PURPOSE

C.4 REQUIREMENTS

C.4.1 General

C.4.2 AFP Components

C.4.3 Orders for Services

C.4.4 Services Required

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 MINIMUM QUALIFICATIONS

C.6.1 Minimum Qualifications for Contracting Staff Performing AFISS Services

C.6.2 Key Personnel

C.6.3 Categories of Services and Minimum Qualifications

C.6.4 Requirement for Expert Witness Testimony

C.6.5 Substitutions for Minimum Qualifications

C.6.6 Reassignment of Contractor Personnel

C.6.7 Quality Assurance and Quality Control

C.7 GOVERNMENT FURNISHED ITEMS

C.8 CONTRACTOR FURNISHED ITEMS

C.9 SECURITY

C.10 NON-PERSONEL SERVICES

C.11 PLACE OF PERFORMANCE

Asset Forfeiture Investigative Support Services (AFISS)

The Asset Forfeiture Management Staff (AFMS) has a need for a qualified contractor or contractors to perform services in support of the Asset Forfeiture Program that it is responsible for administering in support of the Department of Justice’s (DOJ) mission. The contractor shall perform Professional Services to support DOJ and other federal agencies with Asset Forfeiture Financial Investigation Support Services (AFISS). The objective of the AFMS AFISS professional services contracts is to provide quality, timely, and cost-effective manner services as defined in the Statement of Work while adhering to federal law enforcement guidelines.

AFMS currently administers seven (7) contracts to provide AFISS services. The period of performance is March 2016 through September 30, 2022. The contracts are ordering vehicles that allow other Federal agencies to place orders.

A. TYPE OF CONTRACT

The current AFISS contracts are a total Small Business Set-a-Side, Indefinite Delivery/ Indefinite Quantity, Time and Material contracts. The AFISS Contractors provide professional services on a task order basis.

Task orders are issued on a Time and Material (T&M) and Firm Fixed Price (FFP) basis.

T&M task orders are priced at Not-to-Exceed amounts based on the Contractor's fixed labor rates and the Government's estimate of hours, whereas FFP task orders require the Contractor to provide specific deliverables for an overall fixed price.

All task orders issued are subject to the terms and conditions of the contract.

Task orders issued under these contracts are awarded in accordance with FAR 16.505. All Contractors are provided a fair opportunity to be considered for each task order award. All costs associated with the fair opportunity process are the responsibility of the AFISS Contractors, and shall not be passed on as additional costs to AFMS or the ordering federal agency.

B. CONTRACT SCOPE OF WORK

The scope of this contract is to provide professional services in support of Asset Forfeiture Management Staff (AFMS). The contractor is required to provide the resources necessary to complete Asset Forfeiture Investigative Support Services (AFISS) as described in the Statement of Work. Specific tasks and services will be ordered and funded on a task order basis. The requirement to provide AFISS requires the performance of investigative, legal, analytical, and technical professional services to support the AFP. The contractor is required to perform services necessary for AFP program management and in support of specific case-related professional and technical tasks for federal Government AFP components at various locations throughout the United States.

C.1 INTRODUCTION

The Department of Justice (DOJ) Asset Forfeiture Program (AFP or the Program) 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 criminals’ assets 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 were set forth early on in The Attorney General’s Guidelines for Seized and Forfeited Property (July 1990), as follows:

(1) punish and deter criminal activity by depriving criminals of tools and property used in or acquired through illegal activities;

(2) promote and enhance collaboration among federal, state, local, tribal, and foreign law enforcement agencies;

(3) recover assets that may be used to compensate victims when authorized under federal law, and;

(4) ensure the Program is administered professionally, lawfully, and in a manner consistent with sound public policy.

The primary mission of the Government’s AFP 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 the Government only convicted and incarcerated specific individuals.

The Asset Forfeiture Management Staff (AFMS) has responsibility for the administrative management functions of the AFP in the Department of Justice including management of the Department’s Assets Forfeiture Fund (AFF); interpretation of the AFF statute;

management and operation of the consolidated Asset Forfeiture Systems; 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 AFP-wide contracts; review, audit, and evaluation of AFP activities; identification of program weaknesses; development, monitoring, and review of appropriate internal controls; and analysis of legislative, policy, and regulatory proposals that may affect the execution of the AFP.

The AFMS provides asset management and financial oversight to the AFP, in support of seven DOJ components (Criminal Division, Money Laundering and Asset Recovery Section; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Federal Bureau of Investigation; Organized Crime Drug Enforcement

Task Forces; U.S. Marshals Service; and the U.S. Attorneys’ Offices) and five non-DOJ agencies (U.S. Department of Agriculture, Office of Inspector General; U.S. Food and Drug Administration, Office of Inspector General; U.S. Postal Inspection Service; U.S.

Department of State, Bureau of Diplomatic Security; and U.S. Department of Defense, Defense Criminal Investigation Service).

The Treasury Executive Office for Asset Forfeiture (TEOAF) has the responsibility for administering the Treasury Forfeiture Fund (TFF). The TFF is the receipt account for seizures and forfeitures made by the U.S. Customs and Border Protection (CBP); U.S.

Immigration and Customs Enforcement (ICE); U.S. Secret Service; and Internal Revenue Service-Criminal Investigation. Other members of the TFF include the U.S.

Coast Guard; Federal Law Enforcement Training Center (FLETC); Financial Crimes Enforcement Network (FinCEN); and the Treasury Department’s Office of Terrorism and Financial Intelligence. Forfeiture revenue augments TEOAF’s budget authority for meeting expenses of running the forfeiture programs of the Department of Treasury and Department of Homeland Security (DHS) law enforcement agencies.

TEOAF is responsible for the administration of the Treasury Asset Forfeiture Program.

This includes interpretation of the TFF’s enabling legislation; implementing all policy decisions by the Assistant Secretary and Deputy Assistant Secretary in connection with seized and forfeited assets; planning and development of TFF budgets; monitoring TFF investments to participating law enforcement agencies; 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 Treasury Asset Forfeiture Program.

C.2 BACKGROUND AND AFMS PROGRAM OBJECTIVE

Section 524(c) of Title 28 of the United States Code makes the Department of Justice (DOJ) Assets Forfeiture Fund available for purposes of contracting for services related to the seizure and forfeiture of property. DOJ has two contract vehicles that provide administrative and professional services to the support of AFP. The administrative support component is to provide the DOJ AFP 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 investigative, analytical, and technical support. Indefinite Delivery Indefinite Quantity (IDIQ) contracts were awarded to seven vendors to provide that support. These contracts were called the Asset Forfeiture Investigative Services Support (AFISS) contracts, and they are scheduled to expire September 30, 2022.

The Treasury Forfeiture Fund (31 U.S.C. § 9703) defines those purposes for which

Treasury forfeiture revenue may be used, and one such purpose is the contracting for services related to the seizure and forfeiture of property.

In 2011, the Office of Federal Procurement Policy (OFPP) required the Federal Government, in its procurement activity, to leverage its buying power to the maximum extent as well as achieve administrative efficiencies and cost savings. Additionally, in September 2012, the Government Accountability Office (GAO) issued a report ‘Justice and Treasury Should Determine Costs and Benefits of Potential Consolidation’ (GAO-12-972) recommending that the Attorney General and the Secretary of the Treasury ‘conduct a study to determine the feasibility of consolidating asset management activities, including but not limited to, the use of asset tracking systems and the sharing of vendor and contract resources’ (p. 25).

The initial Asset Forfeiture Investigative Support Services (AFISS) contract sought to incorporate these recommendations by narrowing the scope to focus solely on investigative support that will become available to both the Justice and Treasury Asset Forfeiture Programs.

C.3 PURPOSE, OBJECTIVES AND OUTCOMES

The purpose of the AFISS contracts is for AFMS to obtain investigative, legal, analytical, and technical professional services to support the AFP. The contractor is required to perform services necessary for AFP program management and in support of specific case-related professional and technical tasks for federal Government AFP components at various locations throughout the United States. The AFP components and ordering offices operate nation-wide, and performance may be required anywhere within the United States.

Objectives

The objective of these contracts is to have the appropriate level of skilled contractor support personnel to effectively perform activities as required by the government in support of the Asset Forfeiture mission or other required activity which falls under the scope of the contract. This may include support to various federal agencies in support of White Collar, Money Laundering, or other types of Complex Financial Investigations.

Outcomes

The following are the expected outcomes that would constitute successful performance under these contracts:

• Performance of services with the requisite skills, expertise, and labor effort necessary to meet the planning and operational requirements of the contract task orders under these contracts. The contractor shall ensure that contracts are managed in support of effective and efficient AFMS program operations. The contractor shall ensure all personnel remain trained and certified to meet contract requirements.

• Performance of professional support services that are complete, thorough, accurate, and demonstrate effective and efficient performance of SOW requirements, contract management, innovative and current industry practices as it relates to the AFMS program relative to the successful seizure and forfeiture of assets associated with the case at hand.

• All services are performed within the the legal and operational dates and timeframes required relative to the AFMS and ordering components identified constraints. Contractor performance requirements shall be stated to allow for successful seizure and forfeiture of assets associated with the case at hand.

• Performance of Other Direct Costs (ODCs) are recommended for approval in support of services performed to support the contractor’s proposed methodology to perform services. ODCs are requested to further the potential successful seizure and forfeiture of assets associated with the case at hand. During the performance of services the Government and contractor shall work together to minimize the expenditure of unnecessary effort or Other Direct Costs (ODCs). .

C.4 REQUIREMENTS

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:

(a) Furnishing all necessary qualified personnel, facilities, and materials in order to 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.

(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 fieldwork have all necessary supplies and equipment in advance of or at the time of their arrival on-site.

(e) Ensure that contractor employees performing services related to this contract complete adequate and proper training. In addition to requisite job/professional training, the contractor shall educate its employees on "contract-specific" issues such as the DOJ AFP, 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.

In addition, contractor managers shall be educated in the terms and conditions of the contract. For DOJ required training, the ordering office will obligate funding or indicate training necessary on the order for training necessary to perform services.

DOJ provided or agency-sponsored training should also be identified on the task order Statement of Work.

C.4.2 AFP Components

The required tasks are routine and should generally be the same as ordered by all participating AFP components; however, the individual mission of each component in the AFP will impact the services emphasized and procedures associated with the performance of the tasks. The following is a summary of Justice Fund forfeiture component missions. The offices may place orders against the AFISS contract.

• Bureau of Alcohol, Tobacco, Firearms and 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. In addition, ATF acts as the primary custodial agency for seized weapons, ammunition, and explosives.

• 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 has responsibility for investigations, seizures, and administrative forfeiture processing as well as 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 has responsibility for investigations, seizures, and administrative forfeiture processing as well as 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. Attorneys’ Offices

The USAOs are 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 AFP. USMS manages and disposes of the majority of the property seized for forfeiture.

• Money Laundering and Asset Recovery Section, Criminal Division

MLARS holds the responsibility for coordination, direction, and general oversight of the Program. MLARS 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.

• Organized Crime Drug Enforcement Task Forces

The mission of OCDETF is to combine the resources and expertise of its member federal agencies as well as state and local law enforcement to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply. OCDETF was established more than twenty-five years ago to mount comprehensive, multi-level attacks on major drug trafficking and money laundering organizations.

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 AFP. This list may change as additional agencies and offices become part of the DOJ program. Agencies currently participating are as follows:

• United States Postal Inspection Service

USPIS makes seizures under its 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 makes 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

The mission of USDA’s Office of Inspector General (OIG) is to promote the effectiveness and integrity in the delivery of USDA agricultural programs.

Forfeiture is 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 its strategy to target the profits made by vendors who provide fraudulent documentation or those who utilize fraudulent visas and/or passports to further their criminal enterprises.

• Defense Criminal Investigative Service

The Defense Criminal Investigative Service (DCIS) is the criminal investigative arm of the Department of Defense’s Inspector General. The mission of DCIS is to protect America's war fighters by conducting investigations and forfeitures in support of crucial National Defense priorities that include homeland security/terrorism, product substitution, contract fraud, public corruption, computer crime, and illegal technology transfers.

In addition to those components listed above, the following components support the asset forfeiture programs of the Treasury Forfeiture Fund (TFF):

• Homeland Security Investigations – Department of Homeland Security

The U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is responsible for investigating a wide range of domestic and international activities arising from the illegal movement of people and goods into, within, and out of the United States. HSI investigates immigration crime, human rights violations and human smuggling, smuggling of narcotics, weapons and other types of contraband, financial crimes, cybercrime, and export enforcement issues.

• Customs and Border Protection – Department of Homeland Security

Customs and Border Protection’s priority mission is keeping terrorists and their weapons out of the U.S. It also has a responsibility for securing the border and facilitating lawful international trade and travel while enforcing hundreds of U.S.

laws and regulations, including immigration and drug laws.

• U.S. Secret Service – Department of Homeland Security The United States Secret Service (USSS) has a dual mission that includes investigations and protection. To further its ability to protect the integrity of the nation’s financial system, the USSS has jurisdiction for domestic investigations involving the counterfeiting of U.S. and foreign obligations and securities. This authority includes the investigation of financial institution fraud, access device fraud, computer crimes, fraudulent Government and commercial securities, fictitious financial instruments, telecommunications fraud, false identification, and identity theft.

• U.S. Coast Guard

The U.S. Coast Guard is the lead federal agency for maritime drug interdiction and shares lead responsibility for air interdiction with CBP.

• Internal Revenue Service – Criminal Investigation

Internal Revenue Service - Criminal Investigation (IRS-CI) investigates potential criminal violations of the Internal Revenue Code and related financial crimes in a manner that fosters confidence in the tax system and compliance with the law.

Proving that a taxpayer willfully attempted to hide income from the Federal Government is an integral part of IRS-CI’s ability to demonstrate other criminal activity including fraud, money laundering or Bank Secrecy Act violation.

C.4.3 Orders for Services

All services performed will be ordered and funding using a task order that contains a task order Statement of Work. AFP components will obtain professional investigative, analytical, and technical services through task orders issued under the terms of the contract.

The Government will provide fair opportunity for consideration of customer requirements among all AFISS Contractors at the task order level. Specific task order level Statements of Work should be provided through DOJ AFMS for coordination of the fair opportunity process.

C.4.4 Services Required

The contractor shall perform investigative, analytical, and technical services. The following are indicative of the majority of tasks required for each service that may be ordered under this contract. The list is provided to include services and tasks required, but is not inclusive, of services within scope may be required by task order issuance:

1. Investigative Support/Analysis (Criminal/Civil)

(a) Provide advice and guidance to fully develop the forfeiture aspects of an on-going investigation. Advice and guidance include, but are not limited to, education of Investigating Agencies’ agents on specific tools and techniques utilized to analyze financial information.

(b) Analyze financial records obtained by the Investigating Agencies through internal and external databases and submit reports documenting the results, when requested.

Specifically, the contractor will review bank statements; deposits; and debit transactions, including checks, letters of credit, Currency Transaction Reports (CTRs), loan applications, and related records that are obtained pursuant to Federal and State subpoenas and search warrants executed by the Government. The contractor will review the documents to determine hidden assets and false statements that are used to hide illicit assets from investigators and to make the assets appear to be legitimate.

(c) Review, process, and analyze information sufficient to 1) assist in determining the amount to seek for forfeiture; 2) identify and trace assets during the course of investigations; and 3) assist the Government in perfecting its interest in the property.

(d) Assist in the location and repatriation of assets that are subject to forfeiture.

(e) Identify the individuals and entities making deposits and all related bank accounts, properties, investments, and any other assets that may be identified from the documentation.

(f) Maintain detailed case documentation and database files of financial investigative research to trace proceeds of criminal activities and investigative interests in targeted property.

(g) Research and analyze information derived from various investigative and business-related automated systems including, but not limited to, Choice Point, Autotrack, TECS, FINCEN, CLEAR, THREADS, Accurint, ISYS, Lexis-Nexis, PACER, CourtLink, West Law, NADA, Used Price.com, and other Internet capabilities (e.g., law enforcement databases to provide forfeiture specific case support to the Government in civil and criminal forfeiture matters). Examples of research and analysis activities include: analyzing and documenting the ownership interests of targeted properties; analyzing financial records to trace the proceeds of criminal violations to their current form; creating a database from financial records to document the source of targeted property; preparing seizure warrants, civil complaints, and forfeiture counts; preparing exhibits on the source and ownership of targeted property;

documenting and cataloguing evidence on the source and ownership of targeted property; and identifying, analyzing, and documenting potential substitute assets.

(h) Research and identify assets utilizing various Social Media and Cyber research tools.

(i) Provide additional services, including the parsing of dialed number strings, to identify amounts and property that may be subject to forfeiture in a particular investigation and to perfect the Government’s interest in forfeitable property.

(j) Organize and conduct detailed examinations of information generated during complex criminal/civil investigations as well as alternative sources for the purpose of conducting financial analyses of personal/business assets of targeted organizations/individuals.

(k) Assist with the development of sufficient probable cause to enable the Government to pursue seizure warrants, temporary restraining orders, civil complaints, and forfeiture counts against targeted property and parties.

(l) Provide investigative support to the Government with coordinated planning to mitigate excessive risks in seizing targeted property. This includes assessing impacts on the local community. An example would be the seizure of an occupied apartment complex.

(m) Prepare documents and catalog case exhibits on the source and ownership of targeted properties.

(n) Perform analytical research to identify and record potential substitute assets.

(o) Identify witnesses and subjects and assist the case agent/attorney during interviews and courtroom proceedings regarding the ownership and source of targeted property of ongoing case investigations.

(p) Provide courtroom testimony and depositions regarding their investigative analysis and identification of assets derived from specific unlawful activities.

(q) Conduct detailed link analyses, specific to Forfeiture, utilizing the results of financial analysis and other investigative techniques, such as Title III surveillance to determine relationships between the subjects of the investigation and the events that lead to the alleged forfeitability of property and proceeds.

(r) Research and identify assets utilizing data amplification programs/systems and through various forms of crypto-currencies (e.g., Bitcoin, Ethereum, etc.), NFT’s and other types of virtual assets.

2. Investigative Analytical Support

(a) Assist with the preparation of documents (e.g., reports, spreadsheets, case files, filing, scanning, and copying).

(b) Utilize information obtained as a result of financial analysis to prepare documentation for use by law enforcement personnel pursuing civil and criminal forfeiture matters.

(c) Prepare research, reports, and analyses of the evidence and of the ability to forfeit targeted property and assess risk in proceeding.

(d) Prepare research, reports, and analyses for Government management and/or Assistant United States Attorneys (AUSAs) regarding program/case status, investigations, seized and forfeited assets, etc.

(e) Input, update, and maintain forfeited property in asset tracking databases.

(f) Assist with reporting and tracking program-related budgets.

(g) Coordinate and track Asset Forfeiture related training.

(h) Manage case files, records, and property database to ensure information is accurate, up-to-date, and audit ready when required.

(i) Coordinate technical and logistical support with field elements.

3. Seized Property Analysis and Support (currently supports custodial and field operations at the Bureau of Alcohol, Tobacco, Firearms, and Explosives, which maintains assets such as firearms, ammunition, and explosives, which are generally considered non-valued assets).

(a) Serve as liaison between the seizing and custodial entity/agency.

(b) Maintain Official Request Memo/Release and Receipt files on seized assets.

(c) Monitor asset management/tracking systems and coordinate updating of the status of forfeited assets.

(d) Arrange shipping/receiving of seized assets requested for official use.

(e) Assist with coordinating Official Use of forfeited assets, currently in Government possession, with our Federal Law Enforcement counterparts in accordance with all policy and regulations.

(f) Catalogue forfeited assets.

(g) Provide on-site support for large seizures throughout the United States.

(h) Respond to questions and provide information to other organizations on forfeiture and seizure questions.

(i) Photograph (when necessary) forfeited assets; research forfeited asset origin/history; and document and enter forfeited assets into Government databases.

(j) Monitor and maintain useful condition of seized and forfeited assets.

(k) Assist in destruction of forfeited assets.

(l) Package and ship seized and forfeited assets to vendor for demilitarization in accordance with Department of Transportation (DOT) regulations.

4. Legal Process Support (It is anticipated this support will be ordered on an as- needed basis for discrete tasks of limited duration). This position will support DOJ attorneys by performing the services listed below.

(a) Provide expert legal research, review of facts, and examination of evidence and legal authorities relating to sophisticated asset forfeiture investigations and litigation.

(b) Assist with the preparation, review, and editing of complex legal documentation (e.g., legal reports, correspondence, motions, briefs, and memoranda of law, etc.).

(c) Summarize current asset forfeiture cases and provide relevant insight.

(d) Serve as instructors and/or facilitators for asset forfeiture training courses.

(e) Provide content support, research, and real-world case examples to create and/or update asset forfeiture training resources and instructional materials, including eLearning modules.

(f) Participate as part of a “jump team” to provide on-site support, mentoring, and training to USAO asset forfeiture attorneys.

(g) Provide content expertise and support for MLARS publications and web site.

(h) Assist with the assessment of training needs for individual district forfeiture units.

(i) Assist with the development and implementation of an orientation program for new asset forfeiture attorneys.

(j) Assist with the development and implementation of training on basic financial investigations techniques available to asset forfeiture units.

5. Development of training and or curricula to include prospectuses and or syllabi. This requirement is expected to be specific for stand-alone task orders and does not reduce the training mentioned previously which is a required as indicated in the previous sections. Expected audiences may include federal, state, local or foreign law enforcement. Training will be focused on white collar, complex financial investigations, money laundering or asset forfeiture investigative techniques.

C.4.5 Tracking and Reporting

1. Contract Performance Reports

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 issued under this contract and the status thereof. To support this function, the contractor shall conduct, and submit to the COR and Federal Program Manager, a monthly (with quarterly and annual roll-ups) review of all task orders issued as well as 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 [Firm fixed Price (FFP), Time and Material (T&M), and/or

Labor Hour (LH)];

(g) Last modification number;

(h) Total amount of order (funds obligated);

(i) Cumulative funds expended by contract line item number (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; and

(m) Cumulative funds expended by CLIN under all orders issued from contract inception.

2. Program Performance Reports

In addition, as a means of determining any cost recovery associated with performance of these contracts, the contractor shall provide on a monthly basis in a format determined by the government, or as required by the Government, the following program information by contract number and task order:

(a) Name of contractor (Individual);

(b) Physical Location (Agency supporting, Office, Address);

(c) Contractor’s status (Full Time / Part Time);

(d) Monthly hours by case number;

(e) Start dates when work has begun on a specific case;

(f) Assets attributable by case number;

(g) Other hours (if any) charged to the Government that may not be directly attributable to a specific case;

(h) A monthly high-level narrative report of the contract activities and assets seized and identified for seizure;

(i) Cumulative labor hours / expenses: (1) by case number, by investigator; (2) by work location or assigned location;

(j) Cumulative labor hours; (1) by activity category (e.g., identifying assets, financial record analysis, case agent meetings); (2) by investigator; and (3) by case.

3. Additional Reports

Other reports and deliverables shall be provided as required in accordance with the specific statement of work issued for each individual task order and on an ad hoc basis.

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. All items in Sections C.5.1 and C.5.2 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 DOJ Policy Statement 1700.01;

(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) Conducting 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 the 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;

(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…