JEFO - MLARS_Redacted.pdf

Exception to Fair Opportunity – Asset Forfeiture Investigation Services Page 2

4. Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

The exception to fair opportunity is being made under the auspices of FAR 16.505(b)(2)(i)(B). The current order’s period of performance is ending on March 30, 2023, and MLARS requires continued financial investigative services in support of on-going criminal investigations. Asset forfeiture financial investigations require specialized expertise and must be performed by a vendor that is capable of providing the supplies or services required at the level of quality required.

This asset forfeiture investigation order will allow MLARS to obtain specialized services for routine and complex financial investigations in a rapidly changing law enforcement environment. There is an active competed procurement, but the current order, that was extended under FAR clause 52.218-8 is set to expire on March 30, 2023. The requested services on this bridge task order will prevent a lapse of MLARS financial investigation services and allow MLARS to meet its mission critical AFP objectives.

The scope of MLARS’s order is to obtain a qualified Contractor to provide professional forfeiture-related services in the area financial investigative services. The order includes unique requirements necessary for successful support of financial investigations.

Performance requires unique investigative labor categories that are not available under other contract vehicles within DOJ or government-wide. MLARS requires financial investigation services to continue performance of mission critical money laundering and forfeiture related services. MLARS required services include the following tasks: (1) development of the money laundering and forfeiture aspects of criminal/civil investigations for government approval, (2) conduct detailed examinations of information generated during complex criminal and civil investigations, and (3) determination of the amount to seek for forfeiture.

Continuing AFISS performance with the incumbent contractor allows for on-going performance of mission critical money laundering and forfeiture related services which utilize knowledge already obtained during performance to maintain continuity of services through the award of a new contract and transition of services. Award of an interim bridge order to Madison Associates ensures that MLARS seamlessly receives existing services during competition of a new contract and order.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The requirement’s offered pricing was compared to the previously competed AFISS contract-holders and current contract pricing. By awarding to Madison Associates, using the procedures in FAR 16.505, the Department determined that it would receive the best value (as defined in FAR 2.101) and will result in the lowest overall cost (considering price and other factors) to meet the Government's needs. AFISS IDIQ contracts are already negotiated fair and reasonable pricing.

Exception to Fair Opportunity – Asset Forfeiture Investigation Services Page 3

6. Other facts supporting the justification.

None.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

DOJ encourages competition and will continue to award AFISS contracts and task orders on a competitive basis. The circumstances surrounding the requested bridge task order is based on the current ongoing re-compete procurement of AFISS contracts and the subsequent need for fair opportunity for order placement.