SAM Statement of Wrk Civil Investigator.pdf

STATEMENT OF WORK

FALSE CLAIMS ACT INVESTIGATOR/ANALYST

1. Purpose

The mission of the Department of Justice, United States Attorney’s Office for the Northern District of Texas (USAO-TXN) has a requirement for the following service: One (1) Contractor Civil Investigator/Analyst at the USAO-TXN Headquarters Office (Dallas), Civil Division.

1.1 Background

The mission of the United States Attorneys is to serve as the nation’s principal litigators under the direction of the Attorney General. United States Attorneys conduct most of the trial work in which the United States is a party.

Although the distribution of caseload varies between districts, each U.S. Attorney’s Office deals with every category of case and handles a mixture of simple and complex litigation. Each United States Attorney exercises wide discretion in the use of her/his resources to further the priorities of the local jurisdictions and needs of their communities, with a special emphasis on, and in line with, all relevant Administration priorities.

The requested Contractor for USAO-TXN will be assigned primarily to work on False Claims Act investigations—including customs and tariff fraud cases, cases under the Department’s Civil Rights Fraud Initiative, health care fraud investigations, pandemic-related fraud matters—as well civil opioid matters. In the area of customs and tariff fraud, the Investigator/Analyst will assist with the investigation and prosecution of importers and related parties to hold accountable those who improperly evade customs, tariffs, or duties. In connection with the Department’s Civil Rights Fraud Initiative, the Investigator/Analyst will work with assigned attorneys, agents, and other personnel to identify and root out instances in which recipients of federal funds fail to uphold their obligations under federal civil rights laws. In the area of healthcare fraud, the investigator/analyst will primarily assist with HCF-related qui tam and referred/data-driven matters implicating federal healthcare programs. With regard to pandemic-related fraud, the Investigator/Analyst will primarily assist in the prosecution of alleged fraud on the SBA in connection with SBA-backed pandemic relief loans—such as PPP and EIDL loans; as to pandemic related civil health care fraud, the Investigator/Analyst will focus on Health Resources and Services Administration (HRSA) Uninsured Program and other HRSA-funded programs, COVID test kits, the Provider Relief Fund, Medicare COVID waivers, nursing homes, and other comparable matters. Opioid-related civil matters will include Controlled Substances Act and False Claims Act matters.

2.0 Scope of Work

The USAO-TXN requires the services of a Contractor to primarily work on False Claims Act investigations—including customs and tariff fraud cases, cases under the Department’s Civil Rights Fraud Initiative, health care fraud investigations, pandemic-related fraud matters—or civil opioid investigations weekly, not to exceed twenty-five (25) hours per week. In the area of customs and tariff fraud, the Investigator/Analyst will assist with the investigation and prosecution of importers and related parties to hold accountable those who improperly evade customs, tariffs, or duties. In connection with the Department’s Civil Rights Fraud Initiative, the Investigator/Analyst will work with assigned attorneys, agents, and other personnel to identify and root out instances in which recipients of federal funds fail to uphold their obligations under federal civil rights laws. In the area of healthcare fraud, the Contractor will primarily assist with HCF-related qui tam and referred/data-driven matters implicating federal healthcare programs. With regard to pandemic-related fraud, the Contractor will primarily assist in the prosecution of alleged fraud on the SBA in connection with SBA- backed pandemic relief loans—such as PPP and EIDL loans; as to pandemic related civil health care fraud, the Investigator/Analyst will focus on Health Resources and Services Administration (HRSA) Uninsured Program and other HRSA-funded programs, COVID test kits, the Provider Relief Fund, Medicare COVID waivers, nursing homes, and other comparable matters.

Opioid-related civil matters will include Controlled Substances Act and False Claims Act matters.

Contractor Investigator/Analyst Duties

Based on cases, matters, investigations, or broad legal issues assigned to one or more Assistant United States Attorneys (AUSAs) and at the AUSAs’ direction, the Contractor shall assist in the planning and execution of investigations of civil or administrative fraud and civil opioid-related matters.

Investigations may be conducted solely by the USAO-TXN, jointly with various components of Main Justice, and/or in conjunction with other federal and/or state or local agencies responsible for programs supported by federal funding. These federal agencies include, but are not limited to, the Federal Bureau of Investigation (FBI), the Department of Health and Human Services (HHS), the Small Business Administration (SBA) and the Drug Enforcement Administration (DEA).

The Contractor Investigator/Analyst will assist, at the direction of an AUSA, to:

(1) Develop an understanding of applicable federal, state, or local laws to the extent necessary to make sound decisions on direction and scope of investigations.

(2) Decide upon most efficacious methods for planning, scheduling, and conducting investigations, and identify any resources that may be required.

(3) Initiate contacts with federal, state, and local officials, and other organizations and individuals related to the subject of investigation, for the purpose of gathering facts, obtaining statements, learning sequences of events, obtaining explanations, and otherwise advancing investigative objectives.

(4) Conduct necessary document review and research and produce necessary summaries to further ongoing investigations.

(5) Examine books, ledgers, payrolls, cost reports, billing statements, invoices, correspondence, computer data, and other records pertaining to the transactions, events, or allegations under investigation. Establish and/or verify relationships among all facts and evidence obtained or presented to confirm authenticity of documents, corroborate witness statements, and otherwise build proof necessary for successful litigation.

(6) Conduct in-person and/or telephone interviews of witnesses. Identify the need f or service of subpoenas or other process, and secure participation of appropriate law enforcement partners in execution of same. Take handwritten notes to memorialize interview discussions. Use the handwritten notes to compile typed reports of interviews.

(7) Prepare interim and final reports on progress of investigations for use by AUSAs and supervisory attorneys.

(8) Review internal and public sources of information to identify possible violations of administrative, statutory, and regulatory law.

(9) Conduct data analyses by sorting through large data sets to identify patterns and other information to detect and investigate potential health care fraud matters and prescription opioid distribution and diversion schemes.

(10) Assist in compilation of documents and physical evidence, and creation of charts, graphs, videotapes, and other audio-visual materials for use by AUSAs in motions and at trial. Testify in court regarding investigations, as required.

(11) Performs other related duties as assigned.

3.0 BASIC QUALIFICATIONS 3.1 Civil Investigator

The Government anticipates requiring one (1) full-time equivalent (FTE) position to support the requirements of this Contract. As such, the Contractor shall provide at least one (1) resume of a qualified candidate. Candidates shall possess the following qualifications:

The Contractor shall provide a candidate that possesses the following requisite qualifications:

(1) bachelor’s degree and master’s degree (or minimum two-years of post of other post- graduate education.

(2) Minimum 5 years of federal law enforcement experience, with demonstrated experience in health care fraud investigations.

(3) Excellent written and oral communication skills.

(4) Basic understanding of the rules of evidence and civil/criminal procedure, the admissibility and inadmissibility of evidence, the elements of the violation

(s) under investigation, and other applicable policies.

(5) Experience testifying in court matters.

(6) Proficient in Microsoft Office software programs (i.e., Word, Excel, Outlook, etc.)

(7) Valid U.S. driver’s license.

(8) Ability to travel in support of investigations.

(9) U.S. Citizenship and ability to obtain adjudication for the requisite background investigation.

(10) Experience and expertise necessary to perform the tasks and duties of the position listed in Section 2.0.

4.0 GOVERNMENT FURNISHED EQUIPMENT AND RESOURCES

The Government will provide contractor personnel with an office environment typically provided to Government personnel that include workstations, facsimile, telephones, copiers, and computers with relevant software and access to the Internet and local area network (LAN). The Government will provide contractor personnel with materials, documentation, case files, and other items required to perform tasks as delineated herein. The Government will provide each contractor personnel with an identification badge upon successful completion of a background clearance determined by the risk level for performance of this contract in accordance with Homeland Security Presidential Directive#12 (HSPD#12) or, in the event of a waiver, an “interim” badge may be issued.

5.0 GOVERNMENT-CONTRACTOR RELATIONSHIP

The Government and the Contractor understand and agree that the support services under this task order are for non-personal services and the Contractor will not be paid f or performing personal service functions. The services under this task order do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the Government.

Contractor personnel shall not be placed under the direction, supervision, or evaluation of a Federal employee and shall not supervise, direct, or evaluate Government personnel, or personnel of other Contractors.

Rules, regulations, directions, and requirements issued by DOJ Management for good order, administration, and security are applicable to Contractor personnel who enter a DOJ Government installation or facility. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services Contract/Order.

6.0 TRAINING

The Contractor shall be responsible for providing trained, experienced staff for performing the work ordered under this contract, and for continuously monitoring, managing, and controlling the work. The Contractor shall ensure its employees on this Contract are trained on "contract-specific" issues such as Department of Justice ethics, standards of conduct, individual conflict of interest, confidentiality requirements, Department of Justice security requirements, understanding the function of reporting, and the importance of quality control and quality assurance. In addition, Contractor managers shall be educated in the terms and conditions of the Contract.

7.0 CONTRACT TYPE

This will be a Time and Material for one (1) Contractor Civil Investigator/Analyst.

Hourly rates shall include wages, overhead, general, and administrative expenses, and profit. This position is exempt from the Service Contract Act Wage determination.

8.0 PERIOD OF PERFORMANCE AND PLACE OF PERFROMANCE

8.1 Period of Performance

Period of Performance shall consist of one (1) Base Year period, and an additional four (4) twelve-month Option Year periods at 1,300 hours/yearly. It is anticipated that the Period of Performance will be as follows:

Base Year: 09/6/2025-09/5/2026 Option Year 1: 09/6/2026-09/5/2027 Option Year 2: 09/6/2027-09/5/2028 Option Year 3: 09/6/2029-09/5/2030 Option Year 4: 09/6/2030-09/5/2031

8.2 Place of Performance

The assigned work location shall be as follows:

U.S. Attorney’s Office, Northern District of Texas 1100 Commerce Street, 3rd Floor Dallas, TX 75242

8.3 Operational Hours of Performance

The Contractor shall work on a part-time basis up to 25 hours per week, except Federal Holidays. Based on office needs, scheduling flexibility may be necessary and will be authorized in advance.

The Contractor shall not perform work at Government facilities on Federal holidays or other non-workdays without prior approval of the Contracting Officer and/or COR. Work performed on holidays, other non-workdays, shall be billable at regular approved rates unless otherwise negotiated and approved by the CO in accordance with GSAM 552.212-4. No overtime is authorized without prior approval from the Contracting Officer.

The Government observes the following Federal holidays as non-workdays:

• New Year’s Day

• Martin Luther Kings’ Birthday

• Washington's Birthday

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veteran's Day

• Thanksgiving Day

• Christmas Day

• Any other Federal holiday that may be declared by Executive Order

There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses). Contractor staff shall not work if the Government is closed. Non-work due to the Government closing its facility is not an expense directly reimbursable to the Contractor. However, in those rare instances when the Government operations are curtailed for the balance of a workday that has already commenced due to weather or security incident, the Contractor may bill for the balance of the scheduled workday with the written acknowledgement of the Contracting Officer’s Representative (COR) and the final approval of the Contracting Officer. Employees of the Contractor will not be paid by the Department of Justice (DOJ) for times when, prior to the employee arriving at the workplace, the operations of the Federal agency have been shut down or curtailed due to unusually severe weather, other Acts of God, budgetary reasons, or other unforeseeable circumstances. The Contractor’s Management Plan shall address how the contract employees will be compensated during these periods of time.

9.0 TRAVEL

All Contractor travel required in the performance of these requirements contained in this contract shall comply with the Federal Travel Regulation, as applicable, in effect on the date(s) the travel is performed. Mileage will be reimbursed at the government rate for local car travel from the USAO where the contractor will be assigned with accurate documentation. Contractor travel will generally entail travel to/from the branch offices, but other travel may also be required, such as attending training provided by EOUSA in Washington, DC or in Columbia, South Carolina. In instances where travel is required, it must be preapproved in writing by the Contracting Officer. Travel requirement will be established as a separate line item with a projected monetary amount for a set period.

Local travel (within 50 miles of the place of performance) and travel time will not be reimbursed by the Government. All travel expenses shall be reimbursed in accordance with Federal Travel Regulations (FTR). Contractors are expected to incur expenses prudently. Invoices shall include separate backup detail and receipts for travel.

10.0 POINTS OF CONTACT

10.1 Support Services Supervisor/Contracting Officer

TBA

10.2 Contracting Officer (CO)

The Contracting Officer for this Contract will be determined by EOUSA.

11.0 SECURITY REQUIREMENTS & CONFIDENTIALITY

11.1 Contractor Security Requirement

At a minimum, contractors must have a clean credit report and satisfactorily complete a criminal background check prior to starting work. The background check will include completion of a favorable Federal Bureau of Investigation name and fingerprint check with renewal every five years. Minimal requirements may be enhanced when/if deemed necessary to the needs of the USAO-TXN.

Only United States citizens may perform work for the USAO-TXN under this order.

The Department of Justice (DOJ) has a residency requirement which states that for three of the five years immediately prior to applying for a security clearance, the individual must have: 1) resided in the United States; 2) worked for the United States overseas in a federal or military capacity; or 3) be a dependent of a Federal or military employee serving overseas.

11.2 Confidentiality

The Contractor shall recognize that the USAO has law enforcement interests, as well as non-privileged information obtained from federal agencies and employees and other proprietary information which are valuable, special, and unique assets of the USAO. The Contractor agrees that any sensitive documents, information, and statements made during a day must be kept confidential. The Contractor shall not reveal, divulge, or disseminate any oral or written information obtained because of execution of this Contract or performance of work hereunder. Signature of a Nondisclosure Agreement (NDA) is required of all contractor employees. This Agreement must be signed the first day of employment. All signed forms shall be retained in the official file by the CO.

12.0 DELIVERABLES/PERFORMANCE STANDARDS

Contractor performance will be monitored and assessed by the Contracting Officer or designated person assigned by the Contracting Officer, by periodically sampling and reviewing documentation and records for quality and timeliness of work accomplished. The Contracting Officer shall inform the Contractor of any problems as they arise. The Government expects work will be performed at 98% accuracy and duties will be completed according to agreed-upon due dates.

13.0 ACCEPTANCE CRITERIA/PERSONNEL REQUIREMENTS

The Contractor shall provide candidates to fill the Investigator/Analyst position who have sufficient experience, education, training, and skills to satisfactorily perform the requirements of this Statement of Work.

Candidates to fill the Investigator/Analyst position assigned by the Contractor in performance of this contract shall be acceptable to the USAO in terms of professional conduct, technical knowledge, and experience.

The Contractor shall notify the CO fourteen (14) days prior to making any changes in Key Personnel. Replacement of any Key Personnel is subject to the prior written consent from the Government. The Contractor must demonstrate that the qualifications of the perspective replacement personnel are equal to, or better than, the qualifications of the personnel being replaced by submitting resumes for approval by the CO. Requests for replacement shall include a detailed resume containing a description of position duties, experience, and qualifications of the individual(s) proposed. All replacement personnel must be qualified to assume the duties and responsibilities of the position and provide the same levels of effort as the replaced staff.

In the event of a key personnel resignation, the Contractor shall notify the CO in writing within five (5) days of receiving notice of resignation.

The Government will assess performance continuously during this Contract. The Government will evaluate the work performed under this contract based on the degree to which the Contractor fulfills the requirements identified in the Statement of Work.

If at any time during this contract the Government finds that the quality of service does not fulfill the requirements identified in the Statement of Work, the Contracting Officer/COR will provide official written notification to the Contractor to come up with a corrective action plan. The Contractor shall immediately remove any Contractor employee found to represent a threat to the safety of government records, government employees, or other Contractor employees. In instances where the removal of an employee is for substandard performance or behavior negatively impacting delivery of services, the Contractor will be given an opportunity to address the situation prior to removing the employee. If the Contractor is unable to correct the problems, the Contracting Officer may require removal of Contractor personnel (replacement personnel shall be provided by the Contractor without a break in service) or may provide notice that the order will be cancelled. If the Government provides notice that the order will be cancelled, there shall be no cost impact to the order over the amount obligated and incurred through the date of cancellation.

The Contracting Officer will be responsible for giving the contractor any special instructions or guidance necessary to complete delivery as required by the contract.

Please note the District POC does not have the authority to modify or in any way amend the terms of this contract.

14.0 INVOICE INSTRUCTIONS

14.1 Billable Hours

The Contractor shall only bill or invoice the USAO for employee hours spent performing work. As such, the USAO shall not be billed for any holidays, sick leave, vacation leave, training, lunch periods or other breaks or any other hours not spent specifically performing USAO required work. All Contractor invoices shall include the appropriate employee time sheets that must support the hours being billed for that month.

14.2 Invoices

Invoicing shall be no more often than monthly. All travel reimbursement shall comply with allowable, published Federal rates and shall follow Federal Travel Regulations

(FTR).

Invoices shall be submitted, via e-mail to:

USATXN.Invoices@usdoj.gov

Invoices that are not properly submitted, or that contain incorrect data, shall be returned f or revisions.

Invoices should be submitted with the following information:

• Contractor's Name

• Tax Identification Number (TIN)

• Contractor's Mailing Address

• Telephone Number

• Date of Invoice

• Invoice Number

• Contract/Order Number

• Description of services provided, including dates services were rendered

• Itemization and price for all services delivered

• The date or period over which services were rendered mailto:USATXN.Invoices@usdoj.gov

Prompt Payment Act –In accordance with the Federal Prompt Payment Act, the U.S. Attorney's Office is authorized 30 days from the date on which a complete, correct invoice is received to make payment.