Justice Management Division...Serving Justice - Securing Results

PROFESSIONAL ASSISTANCE CONTRACTS
(PACS)

TYPE OF CONTRACT    |   CONTRACT SCOPE
LABOR CATEGORIES AND EXPERIENCE REQUIREMENTS
CONTRACTOR INFORMATION   |   CONTRACT ADMINISTRATION
ORDERING PROCEDURES
OTHER INFORMATION

C.4.1. General

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.

Work Examples

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.

7. Training

• 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.