Fraud_Recovery_PWS_for_FedBizOpps.pdf

PERFORMANCE WORK STATEMENT (PWS)

Fraud Recovery Processing

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide technical expertise and functional support services to monitor and coordinate the Army Fraud Recovery and Collections Process. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, supervision, and other items and non-personal services necessary to perform functional assistance, technical assistance and program oversight as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Fraud Recovery and Collections Process is designed to monitor Army procurement activity to recover funds once adjudicated through the justice system. Activities include coordination with Criminal Investigation Command (CID), The Judge Advocate General (TJAG), Department of Justice (DOJ), Defense Finance and Accounting Service (DFAS) Army commands and others; identifying appropriate lines of accounting to which fraud recoveries are posted; establishing a tracking tool from end-to-end; developing a standard operating procedure (SOP); and ensuring expeditious return of funds identified as Army fraud when properly adjudicated.

The United States Army Audit Agency (AAA) conducted audits in 2007 and 2011 reviewing practices associated with the collection and forwarding of funds from Army Fraud Recoveries.

A large amount of funds in the past were received with no identifiable owner.

1.3 Objectives: The Fraud Recovery and Collections Process is to facilitate and oversee expeditious research to determine appropriate lines of accounting and identify the appropriate account holder to enable accurate, efficient and effective posting/processing of these fraud recovered funds.

1.4 Scope: The Fraud Recovery and Collections Process requires contractor advisory and assistance support services to support Resource Management (RM) field operations, conduct data collection and analysis, coordination and communication with Commands, RMs, Fund Holders, DFAS, The Judge Advocate General Office (TJAG), Department of Justice (DOJ), CID, DCIS, and other applicable organizations involved with the fraud recovery process, and financial reporting.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) Option year of 12 months each. The Period of Performance reads as follows:

Base Year: 01 July 2017 through 30 June 2018 Option Year One: 01 July 2018 through 30 June 2019 Option Year Two: 01 July 2019 through 30 June 2020 Option Year Three: 01 July 2020 through 30 June 2021 Option Year Four: 01 July 2021 through 30 June 2022

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control plan (QCP) is the means by which he assures himself that his work complies with the requirement of the contract. The Government shall incorporate the QCP in the contract that will result from this solicitation. The QCP will no longer be considered proprietary and will be considered releasable under the Freedom of Information Act (FOIA). The QCP is to be delivered within 30 days after contract award, and three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (Attachment 1). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The following are the government holidays for which contractor will not be responsible for supporting the fraud recovery program

New Year’s Day Labor Day Martin Luther King Jr. Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business during normal work hours/hours of operation 5 days per week, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The primary place of performance for this contract is in the Pentagon Government offices.

1.6.6 Type of Contract: The Government will award a Commercial, Firm Fixed Price type contract.

1.6.7 Security Requirements: Contractor personnel performing work under this contract must have a secret clearance at time of proposal submission. The contractor is responsible for safeguarding information of a confidential or sensitive nature. Failure to safeguard any classified/privileged information which may involve the contractor or the contractor’s personnel or to which they may have access may subject the contractor and/or the contractor’s employees to criminal liability under Title 18, section 793 and 7908 of the United States Code. Provisions of the Privacy Act apply to all records and reports maintained by the contractor. All programs and materials developed at government expense during the course of this contract are the property of the government. Contractor personnel shall be required to obtain and maintain security badges and adhere to the installation security requirements.

The performance of this requirement will require the contractor access to classified information.

FAR clause 52-204-2, Security Requirements, as required by either FAR Subpart 4.404 (a) and is accompanied by a Contract Security Specification, DD Form 254, in accordance with DoD Directive 5220.22-M, Department of Defense Industrial Security Manual for Safeguarding Classified Information, and any revisions, thereto, as well as Industrial Security Regulation DoD 5220.22-R. Failure to safeguard and classified/privileged information which may involve the contractor or/or the contractor's personnel or to which they may have access may subject the contractor and/or contractor's personnel to criminal liability under Title 18, section 793 and 7908 of the United States Code. Provisions of the Privacy Act apply to all records and reports maintained by the contractor. The contractor employees will require Secret Clearances at the time of award.

Common Access Card. SecArmy memorandum dated 28 January 2006 on Contractor Verification System (CVS) Implementation provides guidance and instructions for the implementation of the CVS Army-wide. IAW that guidance, the authorizing official (Contracting Officer Representative (COR)), Contracting Officer Technical Representative (COTR), Contracting Officer, or other approving officials), the contractor's sponsor, approves issuance of the CAC though the automated CVS system. The Functional Representative identified in this task order is the designated Trusted Agent (TA). Further delegation of that authority is determined at the installation level. The contractor's CVS applications under this task order should clearly cite the contract and task order numbers identified on the DD Form 1155 for this task order.

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.8 Special Qualifications: Business Analysts/Subject Matter Experts must have at least 15 years of Army finance experience in Army systems such as PBAS, ODS, STANFINS and dbCAS (See 1.6.12 below).

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Program Manager: The Contractor shall provide a program manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer. The program manager or alternate shall have full authority to act for the Contractor on all technical matters relating to daily operation of this contract.

1.6.12 Key Personnel: The following personnel are considered key personnel by the Government.

Program Monitor/Business Analyst/Budget SME Education: B.S or B.A. degree Qualifications: Must have at least 15 years of Army finance experience and an in-depth knowledge of Army financial systems such as PBAS, ODS, STANFINS, SOMARDS, GFEBS and dbCAS. Must understand the interrelationships of these systems and the constraints they place on the overall system. The SME must know how Army funds flow from Congress to the end users and the rules that govern the distribution and execution of these funds so that the proper controls can be placed on the system to ensure that funds are managed properly. Must be able to quickly analyze user issues and determine if the problem can be solved within the existing capabilities of the current system or if the problem must be referred to the technical or operational staff for corrective action. Must be able to perform ODS queries and other means to independently verify information.

1.6.13 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel will be required to obtain and wear badges in the performance of this service when required by their duty station.

1.6.14 Contractor Travel The government anticipates that travel will not be required to perform this mission.

1.6.15 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. FUNCTIONAL REPRESENTATIVE. The person who is an expert in the processes and procedures of the functionality but not necessarily an expert in the information technology aspects (such as the software code, operating space needed, server requirements, etc.)

2.1.7. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that will be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.9. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.10 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.11. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.12. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.13. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.14. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation ASA (FM&C) Assistant Secretary of the Army for Financial Management & Comptroller CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative CMR Contractor Manpower Reporting DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation GFEBS General Fund Enterprise Business System KO Contracting Officer ODC Other Direct Costs ODS Operation Data Store PBAS Program Budget Accounting System PMO Program Management Office PPBE Army Planning, Programming, Budgeting, and Execution POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan

QC Quality Control QCP Quality Control Program SME Subject Matter Expert STANFINS Standard Army Finance System

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: NA

3.2 Facilities:

3.3 Utilities: All utilities in the facilities will be available for the contractor’s use in performance of their duties. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.4 Equipment: The Government will provide computers, scanners fax machines, and printer for contractor personnel working on government sites.

3.5 Materials: NA.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: The contractor shall possess and maintain a SECRET facility clearance from the Defense Security Service. The Contractor’s employees, performing work in support of this contract shall have been granted a SECRET security clearance from the Defense Industrial Security Clearance Office. The DD 254 is provided as Attachment 1.

4.3 Materials: The Contractor shall furnish all necessary hardware and software as required to perform the tasks under this PWS.

4.4 Equipment: The Contractor shall furnish all necessary hardware and software as required to perform the tasks under this PWS.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1.Basic Services. The contractor shall provide SME services for the Fraud Recovery and

Collections Program.

5.2 Case Analysis – The contractor shall provide analysis of data to determine amounts and proper lines of accounting for recovered funds. This requires extensive knowledge of Army financial systems such as RSW, PBAS, ODS, STANFINS, SOMARDS, GFEBS, OTC net, EDA, and ability to research treasury, acquisitions and DoDFMR guidance.

5.2.1 Review and Analyze –Review and analyze reports and court documents that detail the status of trials dealing with fraud recovery judgments by the Department of Justice and the Financial Litigation Unit. The contractor shall coordinate, research, and provide analysis and posting of fraud recoveries into the appropriate line of accounting and accounting system. It is estimated that there will be approximately 80 procurement cases per year dealing with fraud recovery, and 40-50 personnel or travel cases processed by DFAS each year, some of which may be fraud related, for an estimated analytical case load of roughly 130 actions.

5.2.2 Provide Monthly Status Reports to the COR and the Functional Representative.

These reports are intended to identify “earned value” in the sense that they will document the funds recovered. Specific EVMS ratios are not required.

5.2.3 Coordinate with Army commands, the Justice Department, investigating commands, DFAS and others to track investigations and court cases.

5.2.4. Coordinate with DFAS and OSD to leverage the Army Fraud Recovery Process to create a standard Fraud Recovery Process across all services.

5.2.5 Maintain a standard operating procedure incorporating the end-to-end process flow from point of OTJAG notification from CID investigation to posting of recovered collection against the proper transaction in the appropriate accounting system. In addition, monitor and coordinate the Army Fraud Recovery and Collections Process to ensure maximum recoupment and re-utilization of funds. The SOP and corresponding process flowchart includes a tracking tool to track potential fraud recoveries from onset of investigation through the court system to recovery of funds.

5.2.6 Quality Control Plan – The contractor shall develop a quality control plan to insure that the fraud recovery and collections process is effective and efficient.

5.2.7 Plan of Action & Milestones (POA&M) - Contractor shall provide an initial POA&M within 10 days of receipt of task order detailing key program elements and timeframes to accomplish all assigned tasks. This POA&M shall be updated to address Army edits as part of the Monthly Status Report (See 5.2.2 and Exhibit 2 Deliverables below).

5.3 CONTRACTOR MANPOWER REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website.

The specific formats for the XML direct transfer may be downloaded from the website.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS) NA

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. These include system processing procedures (STANFINS, PBAS, ODS, etc), AR 25-1, DFAS Reg 37-1 and DFAS Reg 37-100-XX, as well as local command SOPs.

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required) Standard

Performance Threshold (This is the maximum error rate. )

Method of Surveillance

PRS # 1.

Case Analysis

PWS Para 5.2. /5.2.1

Prepare analysis within three business days after judgment;

analysis will include amount recovered, lines of accounting, fund center, and command. Review and analyze all judgments associated with fraud recovery. Deliverables are properly detailed to allow Functional representative review.

Analyses are timely, IAW the Govt-approved POA&M. No more than one review late.

Government review of analysis and comparison of dates.

PRS # 2

Provide Monthly Status Reports

PWS Para 5.2.2. & 5.2.3

Delivered within 5 business days after the end of the month to include amount of funds recovered, coordination efforts with commands and agencies.

No more than 1 monthly report is late

100 percent inspection

PRS # 3

Develop SOP

PWS Para 5.2.4

Complete end-to-end standard operating procedure for fraud recovery operations.

Actions are timely, deliverables are properly detailed to allow Functional representative evaluation.

1. Timely SOP delivery IAW Govt-approved POA&M.

2. All deliverables, analyses and recommendations are 95% complete and accurate upon first submission (100% upon revisions made in response to Government required edits).

Government review.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

Case Analysis

PWS 5.2/5.2.1

As needed for up to 150 analytic actions

1 Electronic file by e-mail as an MS

WORD

attachment.

COR

Monthly Reports

PWS 5.2.2.

At the end of each month after the award of the contract, a progress report discussing the progress made during that month. This report is due 5 days after the completion of the month

1 Electronic file by e-mail as an MS

WORD

Summary of Coordination Actions

PWS 5.2.3.

Monthly 1 Electronic file by e-mail as an MS

WORD

attachment.

(Included in monthly report)

SOP

PWS 5.2.4

Once 1 Electronic file by e-mail as an MS Word

QCP

PWS 5.2.5

Once 1 Electronic file by e-mail as an MS

POA&M & Updates

PWS 5.2.6

Monthly 1 Electronic file by e-mail as an MS