SOW-Nevada-_Legal_approved.docx

Attachment 1- RFQ 140A1619Q0072

STATEMENT OF WORK

U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF INDIAN AFFAIRS

OFFICE OF JUSTICE SERVICES, TRIBAL JUSTICE SUPPORT DIRECTORATE

DISTRICT III (NEVADA) TRIBAL COURT ASSESSMENTS

1.0 BACKGROUND

The mission of the Tribal Justice Support Directorate (TJS), a division within the Office of Justice Services (OJS), Bureau of Indian Affairs (BIA), Department of the Interior (DOI) is to further the development, operation, and enhancement of approximately 340 tribal justice systems and 8 Courts of Indian Offenses[footnoteRef:1]. In 1993, Congress passed the Tribal Justice Support Act, which created TJS and among other things, mandated TJS to conduct tribal court surveys which identify specific needs. To that end, TJS followed the statutory directive and institute the Tribal Court Assessment Program which utilizes the Trial Court Performance Standards[footnoteRef:2] (TCPS), as modified to address tribal justice system needs. Moreover, the United States Congress and the Federal Courts have repeatedly recognized that tribal justice systems are the appropriate forum for adjudicating civil disputes and some criminal actions within Indian country and have amended the Indian Civil Rights Act under the Tribal Law and Order Act of 2010 and the Violence Against Women Reauthorization Act of 2013. [1: 25 U.S.C. § 3611 (a)] [2: See: https://www.bia.gov/bia/ojs/tjshttps://www.bia.gov/bia/ojs/tjs]

The tribal court assessments assist TJS on the universal needs of tribal justice systems as well as the specific individualized needs of tribal courts. Thus, these assessments are intended to identify and provide areas of training and technical assistance in matters such as criminal prosecution, foster care issues—including Title IV-E issues, Indian Child Welfare Act (ICWA) issues, juvenile issues, and guardianship—tribal probate issues, tort and liability issues which occur on Indian lands and are regulated by tribal codes. TJS has determined that the tribal court assessments will utilize the Trial Court Performance Standards (TCPS) model that defines optimal court performance and is viewed as a blueprint for improving the administration of justice by focusing on performance, self-assessment and self-improvement of the trial justice system. TJS also conducts regular in-service meetings that focus on creating a universally consistent document.

In addition to providing guidance for TJS on appropriate training, these tribal court assessments provide a conceptual framework of performance areas, community perception, and focus on tribal courts’ operational activities, codes, procedures, and budget limitations. For tribes, the assessments may be used to formulate a baseline to measure improvement and performance. Moreover, the tribal court assessments are often a basis of one-time funding decisions made by TJS. The assessments are important in many BIA programmatic coordinated efforts. These reviews provide a detailed database of tribal courts that will include tribal codes, judicial decisions and court profiles.

Thus, TJS is seeking one (1) contractor to provide tribal court assessment services for tribal courts in District III (Nevada).

3.0 GENERAL REQUIREMENTS

The contractor shall work closely with the TJS Associate Director, TJS Deputy Associate Director, TJS Court Assessment Director and other TJS staff to conduct six (6) tribal court assessments services each option year exercise. Specifically, the contractor will work with the TJS Court Assessment Director, whose role and focus is to oversee the court assessment program, accept and review all court assessment reports, and assist in coordinating and scheduling all court assessments.

The contractor must have experience working in and for tribal court(s) in District III (Nevada), specifically familiar with the different cultures and languages, and a working knowledge of the specific challenges facing tribal justice systems in District III (Nevada) is essential. The contractor must be available to travel to the tribal justice systems located within District III (Nevada). Travel will be included in the contractor’s firm fixed price and will not be reimbursed separately.

The contractor shall conduct an assessment in coordination with a review team in five (5) separate phases. The first and second phase may be combined into one visit.

· The first phase will be an initial one (1) day visit to the tribe to gather documents and discuss the court assessment process with the tribal government and tribal court staff.

· The second phase shall require the contractor and its team to return for a multiple day on-site visit to conduct the assessment. Because at the uniqueness of certain justice systems, the first and second phases may be combined together.

· During the third phase the contractor will draft the tribal court assessment report and submit the draft to TJS within 90-days of the on-site visit.

· Once the court assessment is accepted in final form by the TJS, the fourth phase will require the contractor to return to the tribe to present the final tribal court assessment before tribal leadership/council and tribal court personnel. During the presentation, the contractor shall present the findings and recommendations of the assessment as well as address any other issues pertinent to the assessment. The contractor shall also inform the tribe and its court of all training and technical assistance available by TJS as well as possible one-time funding for tribal courts. In this phase, the contactor shall also inform the tribe that the tribal court assessment can be used in the preparation of a 3 to 5 year strategic plan, which may be used by the tribe for future planning. In certain situations, phase four may be conducted through audio-visual or telephonic conferencing.

· On the request of TJS, a fifth phase may be initiated for the contractor to return to the assessed tribal court after a 10 to 12 month period for a follow-up visit; this follow-up visit will occur in the next option year after assessing the tribal court.

Additionally, the contractor upon request of TJS shall attend at least one (1) in-service training per option year sponsored by TJS. The contractor may bring two (2) team members. Additional in-service training may be required. Travel for in-service training will be included in the contractor’s firm fixed price and will not be reimbursed separately.

3.0 OBJECTIVE

The objective of the tribal court assessments for TJS is to meet the statutory requirement[footnoteRef:3] and support the tribal justice system and tribal government in creating a 3 to 5 year strategic plan. Further, the assessment will assist TJS in providing accurate and appropriate information to Congressional appropriations staff and to the Office of Management and Budget. It is imperative that the five phases of the tribal court assessment process be conducted as identified and in sequential order. It is not appropriate to conduct the tribal court assessments without using the TJS template, which will be provided. The need for consistency in this process and results is imperative in creating a viable baseline for tribal justice systems. The assessments also provide insight into necessary training needed for tribal justice systems. In order for TJS to achieve its statutory requirements, the contractor shall use the five prong (performance area) evaluation mechanism based on the modified TCPS model. The model is available at: http://www.ncsconline.org/D_Research/tcps/area_1.htm. [3: 25 U.S.C. § 3611]

4.0 PERFORMANCE TASKS

The process for conducting tribal court assessment shall include the following:

4.1 Phase One (INITIAL VISIT): In order for a tribal court assessment to be initiated, a written request[footnoteRef:4] must be submitted to TJS from tribal leadership (or other tribal governing authority). Once the written request is received by TJS, the contractor, in coordination with the TJS Court Assessment Director and TJS Court Assessment Specialist, shall initiate and schedule the initial visit. During the initial visit, the contractor shall discuss the assessment process in person with key tribal court stakeholders and gather background data and information. The contractor may also secure key court related documents, such as codes, constitutions and other related items needed to acquire a basic understanding of the tribal court. During this visit the contractor shall also schedule the multiple-day visit (phase two). [4: TJS will provide a template letter to the tribe. ]

4.2 Phase Two (ON-SITE ASSESSMENT): The contractor shall return to the tribal court on the scheduled multiple-day[footnoteRef:5] on-site visit. During this phase, the contractor is required to make appropriate contacts ahead of time to identify and schedule interviews with stakeholders and to work with TJS staff (if needed) to coordinate the efforts. At times, TJS may coordinate these interviews, however it is preferred that the contractor initiate these contacts. During the visit, the contractor (assessment team) shall secure key court documents, conduct court case file review, observe court proceedings, and conduct interviews to collect all relevant information. The contactor must follow the TJS template and TCPS standards and procedures. In order to effectively accomplish this task, the contractor is encouraged to create an agenda and an in-house template to respond to the five performance areas identified in the TCPS. It is also encouraged that the assessment team meet immediately after the multiple-day visit (possibly on-site) to memorialize the findings and information. Note: In some instances, phase one and two may be combined depending on the size the size of the tribal court. [5: For some tribes and depending on the size of the tribal court, a one-day visit may be required. Otherwise, a 2-3 day visit is common.]

4.3 Phase Three (COURT ASSESSMENT REPORT): The contractor must submit a comprehensive completed draft of the tribal court assessment report to TJS within 90-days of phase two (multiple-day on-site visit); the assessment report shall be approximately 50 to 75 pages. The assessment report must follow the TJS template[footnoteRef:6] and include the summary of recommendations for which the tribe may use for a basic 3 to 5 year strategic plan. [6: The TJS template includes: table of contents, executive summary, introduction, methodology, tribal profile, tribal court profile, tribal court budget, five performance acres and a summary of recommendations followed by outside resources for tribal courts. ]

During this phase, the TJS Court Assessment Director will review and provide comments to the completed draft assessment report for format, substance, and tone, along with ensuring that it contains appropriate, detailed legal analysis. The contractor must be cognizant of expressing appropriate tone as well as presenting evidence based findings and recommendations. If the report contains a significant amount of grammatical errors, the report will be rejected. Upon the TJS Court Assessment Director’s review, the contractor may be required to revise and resubmit the assessment report at no additional cost to the government. During the review, TJS may suggest additional recommendations based on, among other things, training, funding, and other tribal opportunities. Typically, the TJS Court Assessment Director will return the reviewed tribal court assessment report to the contractor within 30 days, unless otherwise noted.

The Period of Performance shall be a 12 month period with four option years. The Place of Performance shall be at the contractor’s facility on or near Indian Country locations.

Min: 3 (required) Follow-up Visit:

Phase V

Max: 1 (per P.O.P)

Special Technical Assistance (OPTIONAL: Upon request of TJS)

7.0 CONTRACT TYPE

This is a Fixed Labor Hours, with Travel. Travel will not be reimbursed separately.

8.0 TRAVEL: Travel cost shall be a fixed amount for each 12 period of performance (POP). Vendor shall determine cost of travel based on the Performance Task requirements. Travel cost shall be broken down in parts and shall be on a separate Line Item.

9.0 ACCEPTANCE

Final inspection and acceptance of all work performed, reports, and other deliverables will be by the Contracting Officer’s Representative (COR) or Contracting Officer (CO).

The Government owns all data, rights, and deliverables in the performance of this contract.

Information made available to the vendor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

10.1 Limited Use of Data

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government Contractor, which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer. The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner, which provides for greater rights to the contractor.

11.0 CONTRACTOR PERSONNEL

The contractor shall be responsible for managing and overseeing the activities of all contractor personnel, as well as subcontractor efforts used in performance of this requirement. The contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in the statement of work.

12.0 APPENDIX

Diagram of the tribal court assessment process:

TJS receives a tribal court assessment request

TJS accepts and confirms receipt of request

TJS assigns the tribe to the respective contractor

Phase I:

Initial Visit

Contractor visits the tribe to present the overview of the court assessment process

Contractor gathers key documents and schedules the on-site assessment visit (Phase II)

Phase II:

On-site Assessment

Contractor returns to tribe to conduct assessment

Contractor secures documents, review files, observe court, and conducts interviews

Phase III:

Court Assessment Report

Phase IV:

Final Presentation

Phase V:

Follow-up Visit

Contractor submits a comprehensive completed tribal court assessment report to TJS

Contractor returns to the tribe to present the final tribal court assessment report

The Contractor provides assistance in identifying and preparing one-time funding request to TJS

Upon review and acceptance by TJS, the report is sent to print

Upon request of TJS, the Contractor returns to the assessed tribe after a 10 - 12 month period

Contractor will assess whether the tribal court is implementing the recommendations to provide a report to TJS