The Asset Forfeiture Management Staff (AFMS) is the Program Office for the Department's successful Professional Support Services program. This program is designed to deliver quality professional support services in a timely and cost-effective manner to DOJ organizations and other Federal agencies. The new contracts are operative for a period of seven years, from March 2008 through September 30, 2014. These contracts are designated Government Wide Acquisition Contracts (GWAC), and thus are available for use by all Federal agencies. Priority will be given to DOJ Asset Forfeiture Program components.
Point of Contact
For further information on these innovative contracts, please contact the PACS COTR at the following address:
US Department of Justice
JMD, Asset Forfeiture Management Staff
145 N St., NE Rm. 5W511
Washington, DC 20530
Telephone: (202) 305-0820, Fax: (202)616-8100
Email Address: Gwendolyn.Murphy@usdoj.gov
The PACS contracts are Indefinite Delivery/Indefinite Quantity, Time and Material contracts. The PACS Contractors provide professional support 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.
All Contractors are provided a fair opportunity to be considered for each task order award.
The simplified and streamlined procedures may allow us to issue a task order in approximately three weeks.
Task orders issued under these contracts are awarded in accordance with FAR 16.505. Primarily, PACS task orders are awarded through competition.
Customers may elect to have oral presentations prior to receiving written proposals when making a task order award. Task orders are awarded, when possible, based on initial technical and cost proposal submissions.
All costs associated with the preparation, presentation and/or discussions of the Contractors' task order proposals are the responsibility of the PACS Contractors, at no additional cost to the customer agency.
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, materials, and services to conduct studies and 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 (see Section H.17).
(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 field work have all necessary supplies and equipment in advance of or simultaneous with their arrival at the site.
(e) Providing, throughout the term of this contract and at no cost to the Government, adequate and proper training of all personnel performing work under this contract. In addition to requisite job/professional training, the contractor shall educate its employees on "contract specific" issues such as: DOJ Asset Forfeiture Program, 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. Contractor managers shall, in addition, be educated in the terms and conditions of the contract.
C.4.2 Range of Work
Although the required tasks are generically the same for all participating components, the individual mission of each component in the AFP does affect the emphasis and procedures of the tasks. The following is a summary of DOJ forfeiture component missions.
* Bureau of Alcohol, Tobacco, Firearms & 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.
* 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 is responsible for investigations, seizures, administrative forfeiture processing and has 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 is responsible for investigations, seizures, administrative forfeiture processing and has 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. Attorney's Office
The USAO is 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 Program. USMS manages and disposes of the majority of the property seized for forfeiture.
* Asset Forfeiture and Money Laundering Section, Criminal Division
AFMLS holds the responsibility for coordination, direction, and general oversight of the Program. AFMLS 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.
* 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 Asset Forfeiture Program. This list may change as additional agencies and offices become part of the DOJ program. These agencies currently participate:
United States Postal Inspection Service
USPIS makes seizures under their 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 has made 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
USDA’s Office of Inspector General’s (OIG) mission is to promote effectiveness and integrity in the delivery of USDA agricultural programs. Forfeiture is integrated as 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 our strategy to target the profits made by vendors who provide fraudulent documentation or others who utilize fraudulent visas and/or passports to further their criminal enterprises
* Non-DOJ Asset Forfeiture Program Agency Assistance Support
US Immigration and Customs Enforcement – Department of Homeland Security
The ICE Office of Investigations utilizes its forfeiture authority as a tool to attack and dismantle the infrastructure of criminal organizations when investigating violations of Immigration and Customs law.
* Non-Asset Forfeiture Assistance/Support
Other Offices, Boards and Divisions (OBDs) within the Department of Justice and other Federal Agencies may utilize this contract if the specialized services available meet their program requirements, thereby mitigating the need for their own separate, duplicative procurement. This support may be provided to any organization approved by the Asset Forfeiture Management Staff. DOJ may charge other agencies an administrative fee to cover costs of using this contract. Note that task orders placed under this provision need not be related to asset forfeiture.
The following are examples of the types of studies and services that may be ordered under this contract. The list is designed to show typical projects, is not inclusive, and other types of studies or services may be required:
1. Program Evaluation
- Conduct program-wide analyses to assess impact on changes in policies, guidance, and practices.
- Analyze organizational compliance with established policies and procedures, investigate reasons for non-compliance, and make recommendations for improving policies and make procedures documents.
- Develop standard audit programs and checklists to be used by in-house review teams.
2. Management and Organizational Analysis
- Provide management support and problem solving analyses to agencies within the AFP.
- Conduct cost/benefit analyses of property and case seizure, management, and disposal practices.
- Conduct work flow analyses based on data from the asset management system and evaluate timeliness of key life-cycle events.
- Develop productivity measures for operations and outcomes of the asset forfeiture program and conduct analyses to determine productivity of program components.
- Develop methodologies for the determination of staffing needs and allocation of Assets Forfeiture Fund resources for the AFP components.
- Develop modeling applications to assist in projecting future workloads.
- Document best practices for asset seizure, management, and disposal; develop guidance documents and manuals to provide improved performance.
3. Financial Management and Internal Controls
- Develop a comprehensive approach to conducting internal control reviews, including a means of assessing risk, protocols for conducting on-site reviews, and standards for testing adherence to control objectives.
- Perform internal control reviews of programs associated with the AFP or management of assets.
- Provide technical support in determining the causes of weakness, develop options for correcting the weaknesses, and conduct follow-up reviews to assess progress in implementing corrective actions.
- Provide independent verification and validation of data in the asset management information system; as necessary, develop recommendations for improving data integrity.
- Assist in the preparation of financial statements that comply with the Office of Management and Budget and other applicable governmental guidance.
- Perform audits of financial statements in accordance with Government Auditing Standards, promulgated by the Comptroller General of the United States.
- Support the Government in assessing and improving financial management systems, financial reporting and analysis of strategic financial planning, financial policy formulation and development.
- Help to devise and implement performance measures, assist with financial quality assurance efforts and perform benchmarking.
4. Information Resources Management
- Provide expert information technology and communications systems design and programming assistance throughout the AFP.
- Review and evaluate the effectiveness and efficiency of AFP information systems.
5. Commercial Accounting and Business Analysis
- Provide commercial accounting, auditing, and/or business analysis expertise and assistance to component regional and field offices in support of specific cases.
6. Management of Enterprises
- Provide operational management of seized enterprises, e.g., restaurants, stores and specialty shops, hotels, apartment complexes, shopping centers, farms, wholesalers, manufacturing plants and/or passive monitoring of businesses under a restraining order.
- Provide monitoring, receivership and trustee services for businesses operating under restraining orders and for those that have been seized.
- Develop materials and conduct training for prosecutors, law enforcement personnel, and support personnel on best practices.
- Assist in the planning and conduct of conferences on asset forfeiture issues.
- Develop training materials, assist in the logistical planning of training sessions, conduct training, and provide continuing technical assistance through “help-desk” operations, as required for a target audience that may include prosecutors, law enforcement personnel, and/or administrative personnel.
8. Industry Specialist/Consultant Services
- Provide specialized services support, including, but not limited to such specialized disciplines as: hydrology, biology, toxicology, chemistry, engineering, and forensics. The expert will generally be required to assist in understanding technical case documents and processes and sometimes to provide an evaluation of case related issues, information, reports, analysis, and determination of factual findings and may be required to provide expert witness testimony.
- Provide specialized computer recovery services to assist in the recovery of information from seized computers.
- Conduct in-depth analyses of the value of real property and the viability/value of commercial enterprises that are subject to seizure for forfeiture.
9. Investigative Services
- Conduct a detailed analysis of records to accomplish the goals of the forfeiture-related aspects of the investigation. Records made available for analysis can include books, ledgers, payrolls, cost reports, billing statements, invoices, correspondence, computer data, bank statements, and other records pertaining to transactions, events, or allegations under investigation. This analysis should be sufficient to perfect the Government’s interest in forfeitable assets, as well as determining an amount to seek for forfeiture and tracing the proceeds of the criminal activity to identify forfeitable assets. This analysis should include the identification of substitute assets where such exist.
- Provide expertise to conduct a detailed analysis of telephone and dialed number recorder records, and then compare that information to financial, business, and other records to trace the transfer of funds and identify forfeitable assets.
- Provide individuals with expertise in the operation and valuation of specific business entities for the purpose of conducting an analysis to determine the degree to which criminal activity contributed to the overall worth of the business and/or the amount of illegal proceeds generated from the criminal business practices. This analysis will be used in determining the amount to seek for forfeiture and will provide the probable cause for the seizure and subsequent forfeiture of the assets.
- Conduct in-depth reviews of documentation relating to specific investigations for the purpose of establishing the probable cause for the seizure and forfeiture of assets. This review, and the resulting work product, should be sufficient to function as an attachment providing probable cause to a seizure warrant or warrant of arrest in Rem.
- Perform analyses of complex financial, business and other records, documents, and events, and then organize and display these items in a manner that facilitates the determination of probable cause for seizure, and the presentation of evidence during the forfeiture portions of trials or pre- trial hearings and meetings.
- Provide qualified professionals to interact with investigators and analysts of the component agencies, as specified in individual task orders. The professional(s) will assist investigators in developing the forfeiture-related aspects of investigations and draw upon their experiences to provide advice and guidance to agency personnel. This support can include suggesting investigative strategies that will lead to the development of the probable cause necessary for the government to seize and perfect its interest in forfeitable property.
- Partner/Officer - A member of the firm's top management.
- Enterprise Manager - Significant experience in successfully managing a major business enterprise, or a large component thereof, in representative industries set out in Section C.4 above. This individual will have profit/loss responsibility for a seized enterprise and as such will exercise total responsibility for operational management of the enterprise subject only to the oversight of a responsible United States Marshal or in some instances to a Federal Judge. The individual should have at least a master's degree in management, business administration, or a discipline relevant to the industry to be managed.
- Project Director - At least six years professional experience planning, conducting and participating in projects similar to those described in Section C.4.4, paragraphs 1 and 2, above. At least some of the experience must include scheduling work to meet completion dates, estimating manpower needs, reviewing project progress and making changes in methodology where necessary. This individual plans, conducts, and supervises projects of major significance, necessitating advanced knowledge and the ability to originate and apply new and unique methods and procedures. This person supplies professional advice and counsel to other professionals and generally operates with wide latitude for unreviewed action. The individual should have at least a master's degree in the social sciences, management, business administration, public administration, or a discipline relevant to the studies and projects described in Section C.4 above.
- Senior Professional - The Senior Professional should have essentially the same education, experience, and technical competence as the Project Director in conducting and participating in short-term studies and projects similar to those described in Section IV above. The individual would not necessarily have had the management and planning experiences of the Project Director. However, in some circumstances the Government may require a Senior Professional with legal, management, and/or technical training and experience. Senior professionals assigned to assist Enterprise Managers must possess relevant business experience.
- Mid Professional - At least three years professional experience participating in short term studies and projects similar to those described in Section C.4 above. The individual receives assignments associated with projects from the Project Director or Senior Professional, translating technical guidance received into usable data applicable to the particular assignment. Work assignments are varied and require some originality and ingenuity. The individual shall have at least a master's degree in the social administration or a discipline relevant to the studies and projects described in Section C.4 above. Mid professionals assigned to assist Enterprise Managers must possess relevant business experience.
- Junior Professional - Less than three years of experience participating in short term studies and projects similar to those described in Section C.4 above. The individual shall gather and correlate basic data and perform routine analyses. An undergraduate degree is preferred.
- Senior Auditor - Serves as in-charge auditor for the audit team, which includes independent performance of a major segment of the audit. Must be a senior auditor in the contractor or subcontractor's organization and have a minimum of three years audit experience. Must have a degree in Accounting and CPA certification.
- Staff Auditor - Performs as a member of an audit team, which includes performing audit steps under the supervision of a Senior Auditor or Supervisor. The individual must have a degree in accounting, CPA certification, or at least 24 semester hours in accounting from an accredited college or university.
- Consultant/Subject Matter Expert (SME) - The industry expert/consultant provides subject matter expertise in the specific field involved in the task. The individual possesses significant knowledge and skills in the specified field, and is generally recognized in the professional community as an expert in the subject matter field. The SME applies specific subject matter expertise to the solution of particular issues critical to the successful completion of the task. A minimum of three years in-depth experience directly related to the specific subject matter. The individual must have a Master's Degree or higher in field of expertise required. Professional certification or licensing may be substituted for the Masters Degree requirement. In unusual situations, very significant experience may be substituted for degree requirements, with prior written approval of the COTR.
- Civil Investigator - Provides professional investigations and collateral coverage to clarify and/or verify facts alleged in petitions for remission and mitigation of forfeiture, or similar civil matters. The individual must have a minimum of four years experience in law enforcement or related investigative exposure and must possess a valid driver's license. An undergraduate degree is preferred. Foreign language skill in Spanish is preferred.
- Senior Investigator (SI) - Organizes and conducts detailed examinations of information generated during complex criminal/civil investigations and information available through alternative sources, for the purpose of conducting financial analyses of personal/business assets of targeted organizations/individuals. Utilizing information obtained as a result of the financial analysis prepares documentation for use by law enforcement personnel pursuing civil and criminal forfeiture matters. A minimum of ten years of law enforcement experience planning, conducting and participating in complex investigations with a minimum of five years in a specialized area of expertise such as Forfeiture, Organized Crime, White Collar Crime, Fraud, Drug, Money Laundering, or similar area of criminal activity is required. An undergraduate degree is preferred. The SI must possess working knowledge of current investigative techniques including the use of commercial databases and other sources of information and must possess a valid drivers license. Foreign language skills are preferred.
- Systems Accountant - Supports the Government in analyzing operational needs related to accounting and financial computer systems and develops and supervises the implementation of complex accounting and financial computer systems; integrates, adopts, and revises accounting systems as required. Must be a CPA and have a minimum of 5 years experience in systems development and/or implementation.
- Financial Analyst - Supports the Government in assessing and improving financial management systems, financial reporting and analysis, strategic financial planning, and financial policy formulation and development. The FA helps to devise and implement performance measures, assists with financial quality assurance efforts, and performs benchmarking. The individual has at least six years experience in financial systems management, including an in-depth understanding of generally accepted accounting principles and practices. Must possess a Master's degree in a related field or be a Certified Public Accountant
- Forensic Accountant - Obtains raw criminal intelligence from various database resources and correlates the data, culminating in a full analysis of the information. Places all researched and analyzed data into various professional products such as spreadsheets for statistical analysis data, intelligence summaries, and power point presentations for law enforcement use. Reviews internet open resources for additional intelligence from the public sector and various reputable public intelligence sites. Requires a minimum of 5 years experience in the planning, conducting and participation in complex investigations in the following areas: Organized crime, White Collar Crime, Fraud, Drug, Money Laundering or similar areas of related criminal activity. Possesses an undergraduate degree in related subject matter. Must possess a working knowledge of current investigative techniques including the use of commercial databases and other sources of criminal intelligence information. Must have a working knowledge of Microsoft Works, to include Excel, PowerPoint and MS Word programs as a minimum. Must possess excellent writing and verbal skills. Must possess a valid driver's license.
C.6.4 Requirement for Expert Witness Testimony
The Government may, on occasion, require Contractor personnel, including sub-contractor personnel, to provide expert witness testimony related to work being performed under a task order. If the Contractor is required to provide expert testimony for the Government, it must ensure that the individual designated as the expert witness does not have anything in his or her background that could impugn his or her testimony or work product.
Fees for work performed and appearance at depositions and trial testimony will be paid in accordance with the hourly rates specified in Section B. For example, if the individual is performing on a task order as a Senior Investigator, the rates for Senior Investigator will apply for depositions and trial testimony as well.
C.6.5 Experience/Qualifications Substitutions
The following substitutions may be made for requirements specified in Section C.6.3 above:
- A bachelor's degree plus any combination of additional years of experience and graduate level study in a relevant field of expertise totaling two years will be an acceptable substitute for a master's degree.
- Each additional two years of graduate level study in an appropriate field will be considered equal to one year of experience.
- With the written concurrence of a task order's Technical Point of Contact, education requirements outlined above may be waived for years of experience.
The following is a list of the prime professional support services Contractors available to support the PACS program. These Contractors have proven records of high-quality past performance to provide comprehensive services efficiently and cost-effectively, and offer competitive rates for all labor categories. The PACS program does not restrict subcontracting.
|Administrative Fee:||The Asset Forfeiture Management Staff MAY elect to collect an administrative fee from non-DOJ agencies. Customers should be aware that collection of an administrative fee is under discussion within the AFMS office. If an administration fee is to be collected, it will not exceed 2% and will cover the Department's costs of administering the PACS program, including overall consultation and technical guidance in the development of SOWs, coordination of the source selection process, issuance of task orders, cost of coordinating contract and/or task order amendments, resolving contractual issues concerning Contractor performance, maintaining a database containing information such as task order status and Contractors' past performance ratings.|
|INVOICES:||Customers will maintain direct control over their own projects and will be responsible for taking receipt of any deliverables and paying all task related invoices.|
Contracting Officer (CO):
DOJ's PACS Contracting Officer has the overall responsibility for the administration of these contracts. Only he/she can amend, modify or deviate from contract terms, conditions, and requirements.
As necessary the CO works with the COTR, the PACS Contractors, and customer organizations to ensure that Contractors' performance conforms to the terms and conditions as specified in the contract and all task orders issued under the contract.
The CO maintains a separate contract file for each PACS contract. The file contains the basic contract, all contract modifications, and all contract related documentation. The CO also maintains a file for every task order issued under every PACS contract. The task order file contains a copy of the Statement of Work (SOW), technical and cost proposals submitted by Contractors, evaluation results of technical and cost proposals, a copy of the task order issued to the Contractor, all task order modifications, monthly progress reports, all task order related documentation, and the customer's evaluation of the Contractor's past performance on the task order at its completion.
The CO for the program is:
David D. Johnson
US DOJ Justice Management Division
Procurement Services Staff
1331 Pennsylvania Avenue, NW
National Place Building, Suite 1000
Washington, DC 20530
Telephone: (202)307-1967, Fax: (202)307-1933
Email Address: Dave.D.Johnson@USDOJ.gov
Contracting Officer's Technical Representative (COTR):
The PACS COTR acts as a liaison between customer organizations, Contractors, and the Contracting Officer, and coordinates the technical aspects of the PACS contracts.
As necessary, the COTR works with the CO, Contractors, and customer organizations to ensure that the Contractors' performance conforms to the terms and conditions as specified in the contract and all task orders issued under the contract.
The COTR maintains a contract file for each of the PACS contracts. The COTR also maintains a file for every task order issued under the PACS contracts in a manner similar to that used by the CO, except that the COTR's file also contains information related to monthly invoice payments and subsequent financial reimbursements from customer organizations. The COTR's file may also contain information related to the Contractor's technical performance activities.
The COTR works very closely with customer organizations and the Contractors to make sure that the customers are satisfied with Contractor performance on each task and that there are no outstanding technical or contractual issues that need to be resolved. The COTR maintains a database that contains information on the status of each task order, the Contractor's expenditures, invoice payments, reimbursements billed to the customer organization, and Contractor past performance.
The COTR for the program is:
US Department of Justice
JMD, Asset Forfeiture Management Staff
145 N St., NE Rm. 5W511
Washington, DC 20530
Telephone: (202) 305-0820, Fax: (202)616-8100
Government Task Managers:
The Government Task Manager (GTM) serves as a focal point on activities on a task order that he/she manages. The GTM is appointed by the customer organization. The GTM prepares statements of work, coordinates an evaluation of technical proposals, obtains funding for the project, ensures that all Contractor personnel have proper security clearances before they start working on the project, provides technical guidance to Contractors, reviews Contractors' performance (technical, timeliness, and cost control) on all task orders, accepts deliverables to ensure that all requirements set forth in the contract as well as the task order have been met, certifies all task order invoices, and evaluates the Contractor's past performance.
The GTM ensures that the Contractor's project management is effective, quality of work meets or exceeds the Government's requirements, scheduled deadlines are met, work is completed within the authorized budget, and the Contractor has an acceptable business relationship with the Government.
The GTM is responsible for reviewing and accepting the Contractor's monthly progress report that documents accomplishments and expenditures during the month and plans for the next month's work. The GTM's acceptance of a monthly progress report is his/her certification that the Contractor accomplished the work as reported, and that labor hours and dollar expenditures are accurate as reported.
At the completion of the task, the GTM conducts an evaluation of the Contractor's past performance and submits it to the COTR.
Contractors receive Task Order specific Statements of Work from the COTR, and review the government's requirements as outlined. In response to each TO work statement, Contractors will be asked to prepare Technical and Cost proposals.
If some technical deficiencies are identified by the Government in a Contractor's initial proposal, the Contractor will be afforded an opportunity to respond to the Government's request to submit a best and final proposal.
When the CO issues an executed (signed) task order which authorizes a Contractor to start working on the task, the Contractor will perform work as described in the SOW of the awarded task order. Contractor performance must conform to all terms and conditions of the contract as well as the task order.
On all task orders, Contractors must ensure that their personnel do not perform any work which is outside the scope of the SOW, outside the period of performance, and above the authorized budget as stated in the task order.
Contractors submit monthly progress reports and invoices in a timely manner.
Contractors will be evaluated on their performance by their customers on an annual basis. At the Government's request, Contractors may provide comments on the customer's evaluation of a completed task.
Contractors can perform work, submit invoices and be paid only for work that has been authorized by a task order. To initiate a task order, the customer agency first must provide the Contracting Officer with proof that agency funding has been committed to the task.
Obligating Funds: Funds for services to be obtained under a task order are obligated separately for each individual task order. The GTM prepares a Requisition/Order for Supplies or Services, Form DOJ-551, or other to obligate funds for the task, and forwards it to the CO for issuance of a task order.
Paying Contractor Invoices: Each customer Office/Bureau/Division or Agency is responsible for reviewing and certifying invoices for all work performed under these contracts. The AFMS will only be responsible for invoices for tasks performed for and managed by the Asset Forfeiture Management Staff.
DOJ intends to use electronic commerce methods to the maximum practical extent in conducting business with its Contractors and all customer organizations, including for the following:
To receive Statements of Work (SOWs) from customers;
To issue requests to Contractors for preparation of technical and cost proposals;
To receive technical and cost proposals from Contractors;
To receive monthly progress reports and invoices from Contractors;
To receive customer approval of monthly progress reports, and,
To communicate information among all parties on issuance of task orders and contract/program administration.
The Department of Justice (DOJ) competes customer requirements among all PACS Contractors at the task order level. The only exception is where it is determined that a task should be awarded without competition to a particular PACS Contractor in accordance with FAR 16.505. All requests received from DOJ customers and other Federal agencies are processed expeditiously in a simple, straightforward and efficient manner as described below. Normally, it takes two to three weeks to issue a task order. However, the simplified and streamlined procedures may at times allow us to issue a task order, even with competition, in less than three weeks.
The customer organization will prepare a Statement of Work (SOW) which clearly states the objective and scope of work, allowing Contractors to accurately plan, staff, estimate costs and develop a schedule for the work to be performed. Performance-based SOWs are strongly encouraged. All deliverables must be clearly specified in the SOW. In addition, well-defined evaluation criteria must be included. Contractor past performance is always included as a significant evaluation factor in every SOW. It is recommended that past performance be assigned a weight or relative importance which is at least equal in significance to any other non-cost evaluation factor. The use of past performance as an evaluation factor in the task order award process makes the award a "best value" selection.
The customer should submit its SOW to the COTR. DOJ customers also attach a copy of an approved OBD 186 to the SOW. Customers from non-DOJ Federal agencies must submit a copy of their agency's preferred funding document and a memo to the CO with contact information for the agency's person authorized to commit agency funds.
Upon receiving the customer's request, the COTR reviews the information presented in the SOW for clarity and accuracy. The COTR will forward a copy of the customer's request to the CO for his/her review to make sure that all documents and actions requesting Contractor services are within the terms, conditions and scope of the contract.
The COTR electronically transmits to all the PACS Contractors the customer's SOW and provides a due date for related questions and for submission of the Contractor's Technical and Cost proposals. When deemed appropriate for a particular requirement, depending upon the urgency and tight deadlines, the customer may request oral proposals in lieu of written proposals. All prime Contractors are given a Fair Opportunity to be Considered for the task order award unless it is determined that the task will be awarded without competition in accordance with FAR 16.505.
If requested by the Customer, the COTR schedules a pre-proposal conference with all PACS Contractors and the customer. The pre-proposal conference provides Contractors an opportunity to ask questions and seek clarification of the Government's requirements as stated in the SOW. This exchange of information enables Contractors to understand task requirements clearly so that they can in turn prepare technical and cost proposals that are very responsive to the customer's requirements.
The Contractors are requested to submit their proposals, normally within five to seven working days, but the timing also depends upon the size and complexity of the task. While preparing their proposals, Contractors must never communicate with anyone other than the CO and COTR on any issue related to the task.
Each Contractor submits his Technical and Cost proposals electronically to both the CO and the COTR. The Technical Proposal responds to all requirements stated in the SOW. In general, the proposal includes, but is not limited to the following:
- A statement describing the Contractor's clear understanding of the task order requirements;
- A statement about the technical and managerial resources and expertise that the Contractor can bring to satisfy task order requirements;
- A technical approach to perform the task;
- An estimate of the labor hours by various labor categories proposed for the task;
- A schedule for performing work identifying major milestones, deliverables and delivery Dates, and task order completion date;
- Resumes of proposed key personnel who will be available to work on the task;
- Security clearances granted (type, level, and date) to individuals proposed to work on the task, and,
- Other pertinent information such as any proposed subcontracting or consulting effort.
The Cost Proposal should include, but is not limited to, the following:
- All pricing information including the proposed overall cost for the task order;
- A detailed cost breakdown including labor hours and associated costs for each proposed skill level category, and,
- A detailed breakdown of any other direct charges (ODCs).
The Government Task Manager (GTM), representing the customer, coordinates the selection of an evaluation panel consisting of at least two members, preferably three, from the customer organization who will be fully responsible for evaluating technical proposals.
After the COTR receives proposals from the Contractors, Technical proposals will be sent electronically to the GTM for evaluation purposes. The evaluation panel members will individually evaluate each Contractor's technical proposal. The evaluation is conducted strictly in accordance with the evaluation criteria stated in the SOW. After the Technical Evaluation is completed Panel members will also determine that the labor categories and number of hours, as proposed by the Contractor, are appropriate for the work to be done. A Contractor's performance on other task orders issued under this contract may also be a consideration. A summary of the evaluation results, including technical deficiencies (if any), by panel members is then forwarded to the COTR.
Suggested Evaluation factors include:
- Demonstrated Understanding of the requirement and technical approach
- Past Performance of the Contractor and its proposed Key Personnel
- Proposed personnel qualifications/experience and availability, especially if Security Clearances are a concern.
NOTE: That this list if not inclusive, or ranked in order of importance. Evaluation factors and their value are at the discretion of the customer.
The COTR will summarize the evaluation results and forwards them to the CO along with a request, if necessary, to seek best and final technical and cost proposals from the Contractors. If best and finals are necessary, the COTR requests Contractors to respond in two to three working days. The best and final proposals are evaluated in a similar manner as described above. The COTR summarizes the results of the best and final evaluation, and forwards them to the CO requesting selection of a winning Contractor.
An award may be made on the initial technical and cost proposals without requesting Best and Final proposals. A Task Order will be issued to the Contractor who earns the highest technical score, with consideration given also to Cost.
The CO conducts the evaluation of the Contractors' cost proposals, and selects a Contractor with the highest combined score of technical and cost proposals for the task order award. The Contracting Officer conducts a final review of all documents, and signs Task Order Award Document (SF 30). The selected Contractor is then authorized to start working on the task. All task order performance activities are administered by the CO, COTR and Government Task Manager.
The Contractor must comply with security requirements stipulated in the statement of work for each task order. Customer agencies are responsible for obtaining security clearances, if necessary and as required, for Contractor personnel designated to work on their task orders. Customers are also responsible for costs associated with obtaining such security clearances.
The PACS contracts have no provision for reimbursing Contractor personnel for hours worked on an overtime basis. Contractors are required to provide adequate staff to complete projects on time. If it is necessary for Contractors to require their employees to work overtime to meet project deadlines, the Contractors shall not invoice the Government, nor will the Government pay, at a rate higher than that negotiated in the contract.
Contractors are reimbursed for the costs of transportation, lodging, meals and incidental expenses of personnel who are authorized by fully executed task orders to undertake travel (out-of-town and/or overnight) travel under these contracts. Such costs are reimbursed to the extent that they are reasonable and allowable as provided in applicable FAR clauses, and are within the ODC funding level approved in the task order. Travel within the National Capital Area is not reimbursable.
Monthly Progress Reports:
Contractors are required to submit monthly progress reports to the Government for every active task order, describing the progress achieved during the past month, plans for the forthcoming month, any anticipated problems, and any action required by the Government. For Time and Material task orders, these reports include monthly and cumulative labor hours, associated labor rates, and extended dollar expenditures. For Firm Fixed Price task orders, contractors do not report labor hours and associated rates, but instead submit invoices when the corresponding deliverables have been accepted by the Government. But they still must submit monthly progress reports to describe accomplishments as mentioned above.
Contractors are required to submit the monthly progress reports on the fifth business day of the following month, allowing customer agencies to review Contractors' performance in a timely manner without delaying prompt payment of invoices. An approval of a monthly progress report by the customer agency is considered an acceptance of the Contractor's performance, including expenditures, for the month.
Contractor's Task Order Performance Evaluation:
FAR 42.1502 requires Federal agencies to develop a cost-effective way to record and distribute Contractor performance information. In evaluating past performance, factors employed include quality of product or service, timeliness of performance, cost control, business practices, customer agency satisfaction, and key personnel performance
Pursuant to FAR 42.1503(b), the evaluations must be shared with the Contractor, and the Contractor must be permitted to provide written comments where the Contractor disagrees with the rating.