JEFO - OCDETF_Redacted.pdf

Exception to Fair Opportunity – Asset Forfeiture Investigation Services Page 2

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 OCDETF 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 OCDETF 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 services on the bridge task order will prevent a lapse of OCDETF financial investigator services and allow OCDETF to meet its mission critical AFP objectives.

The scope of OCDETF’s order is to obtain a qualified Contractor to provide professional forfeiture-related services in the area financial investigative services. OCDETF requires an AFISS order to provide investigative and prosecutorial tasks and services in support of federal agencies for the purpose of conducting in-depth financial investigations and analyses of the financial infrastructure supporting the personal and business assets of targeted major drug organizations and individuals, ultimately resulting in a successful civil forfeiture, criminal forfeiture, and/or money laundering charges. The statutory requirements for a successful civil forfeiture have increased since the enactment of the Civil Asset Forfeiture Reform Act of 2000 (CAFRA).

Continuing AFISS performance with the incumbent contractor allows for on-going performance of tasks and services necessary to conduct complex analysis of financial and business records in support of federal investigations and prosecutions, including the enforcement of Title 18, Title 31, and other applicable statutes of the Federal Criminal Code as well as the seizure and forfeiture of illegally derived property. Award of an interim bridge order to 5 Stones Intelligence ensures that OCDETF 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 a Task Order to 5 Stones Intelligence using the procedures in FAR 16.505, the Department determined that it will 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.

6. Other facts supporting the justification.

None.

Exception to Fair Opportunity – Asset Forfeiture Investigation Services Page 3

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.