A04_SOW_0001.pdf

Bureau of Indian Affairs (BIA)

Office of Indian Services, Division of Indian Self Determination Technical Assistance & Training Support Services

Statement of Work

1.0 INTRODUCTION

The Bureau of Indian Affairs (BIA), Office of Indian Services (OIS) requires support services to assist in the training and development of contracts for Construction Contracting under Public Law 93-638, the Indian Self Determination and Education Assistance Act (Act) Subpart J – Construction. Training will be provided to BIA’s nationwide staff located in 12 Regions and in the Indian Affairs Office of the Deputy Assistant Secretary for Indian Affairs (Management) facilities division for its Approving Officials, Awarding Officials, Awarding Official’s Technical Representatives, Subordinate Awarding Official’s Technical Representatives, and other Indian self determination (ISD) or related staff and DOI offices (involved in 638 Construction contracting).

The Office of Indian Services is responsible for establishing policy and procedures for 638 negotiations with Federally recognized Tribes, including the development, implementation and execution of Construction contracts pursuant to Subpart J of the Act.

The Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA) serves as one of the cornerstones in the mission of the OIS to develop, negotiate, implement and execute a 638 Construction contract pursuant to Subpart J to Federally recognized Tribes’ for BIA contracted programs through the exercise of self determination contracts as a matter of policy. The OIS oversees the Delegation of Authority for the administration and oversight of self determination contracts and grants, including Public Law 102-477, as amended, Approved Tribal Plans, as well as specifically with the requirements for the designation of Approving Officials and certification of Awarding Officials vested with the authority to commit the United States Government in a 638 construction contract with a Federally recognized Tribe.

The OIS is committed to the following:

● Providing quality training and technical services to Approving Officials and Awarding Officials responsible for advising Tribes on Subpart J Construction contract requirements, ranging from accounting of funds to project progress reports and submitting the required reports to the designated Awarding Official in a timely manner on the appropriate forms pursuant to established policy and procedures.

● Reviewing field implementation plans to ensure that they include the appropriate attention and priority to the operation, execution, monitoring, and reporting of Subpart J Construction contracts.

Location: Virtual

Period of Performance: 1 Year with option to extend up to 4 years

2.0 SCOPE

2.1 General

The scope of this effort is to provide training and technical assistance to the Awarding Officials to obtain and maintain certification as a Level II Awarding Official as well as to provide training and technical assistance to Approving Officials on negotiating, executing and implementing a Subpart J Construction contract.

The contractor shall provide technical expertise and training (remote/virtual distance learning) to support Level II Awarding Official certification through in depth training involving all aspects required in the negotiation and execution of a Subpart J construction contract including, but not limited to, the law itself, applicable Indian Affairs Manual(s), governing regulations, and BIA policies and procedures ranging from the enactment of the law to its present day application by BIA, plus delineating the differences between a 638 construction contract versus a commercial construction contract subject to FAR requirements.

This training will be a key component in the determination of the obtaining or maintaining a certification as a Level II Awarding Official in the BIA.

The contractor will provide training to existing certified Awarding Officials in the field as well as to those staff seeking to be designated as Level II Awarding Officials pursuant to nationwide policies and procedures in a uniform fashion, and providing technical assistance to those Awarding Officials as they execute their daily duties, when requested. In addition, the contractor will provide a detailed overview training session for Approving Officials only on those responsibilities and requirements prior to approving or denying a 638 construction contract.

Phase One

● Administrative technical services in a variety of disciplines including training and technical assistance in the development, execution, oversight and monitoring of Subpart J Construction contracts and implementation/negotiation of 105(l) leases. Additional technical services required include administrative activities related to the BIA’s construction program(s), such as Awarding Official accounting research skills and related discipline activity and Approving Official decisionmaking components on approving or denying a construction contract proposal. Additionally, services related to financial tracking and accountability are required. Administrative support services related to internal coordination and tracking are also required.

● These services will include the applicability, determination and reporting of Contract Support Costs as associated with a 638 construction contract.

● The contractor will help identify and translate user requirements.

● The contractor will provide training and checklist resources for negotiation of 638 construction contracts under the 105(l) 638 authority.

Provide online/virtual technical meetings, trainings, or workshops, and provide feedback to the program managers on an as needed basis as required by the BIA/OIS management.

Provide administrative and technical support to Approving Officials and Awarding Officials as preapproved by the OIS management.

The contractor shall possess the necessary skills and expertise to accomplish the assigned functions and ensure performance is maintained for all tasks. The contractor shall use effective benchmarks measuring actual performance against quantifiable goals to report on the quality of service.

The contractor shall provide orientation and training for new and existing Awarding Officials in support of maintaining or attaining a Level II certification for an Awarding Official. Training shall cover the latest processes, procedures, policies, applications and tools employed and approved by the BIA/OIS to include, but not limited to, reasons for denial and Government time period for issuing its decision on a 638 construction contracting proposal. Topics shall also include basic construction financial, records management, funds available to be obligated/drawndown by a Tribe in a negotiated 638 construction contract, and other appropriate office and ISD types of training as specified by the BIA/OIS.

The contractor shall provide orientation and training for designated Approving Officials in support of approving or denying a construction contract proposal from Tribes.

Training shall cover the latest processes, procedures, policies, and regulations governing approval/denial of a 638 construction contract proposal (including timeline response requirements) and subsequent implementation and execution.

Development of technical assistance aids or handbooks for ready reference to/for Level II Awarding Officials.

Services will include:

As needed, provide technical assistance to Approving Officials and Level II Awarding Officials in the negotiation, execution, reporting, and monitoring of Subpart J Construction contracts, including implementation of a 105(l) lease provisions/requirements.

As needed, assist Headquarters in the development of technical assistance training aids for ready reference by Approving Officials and Level II Awarding Officials, including a checklist of items (including timeline monitoring) required for a Subpart J Construction contract.

As needed, be available to the BIA/OIS to assist with the Subpart J Construction contract policy implementation through technical assistance and training.

The contractor shall assist in developing technical plans and shall assist with conducting Contract Support Costs (CSC) analyses, including the determination of and subsequent validation of CSC amounts, and assessments in support of OIS efforts. The contractor will help identify and translate user requirements.

The contractor will assist in the evaluation and analysis of CSC needs for annual distribution of appropriated CSC funds from submitting offices as the Regions, OIS 477 Division, and the Office of Self Governance, to also include the reporting of CSC for inclusion in the annual report to the Congress on CSC for Subpart J construction contracts.

Other Technical Assistance to BIA Awarding Officials as appropriate and pre-approved by BIA/OIS prior to any action or expense.

All of the above must be pre-approved by OIS prior to any action or expense.

Inherent in the above work is the need for the OIS to fully implement all provisions of its approved 638 Construction Contract Policy and procedures and applicable regulations and subsequent oversight, monitoring and reporting in a timely manner and/or adherence to established schedule (as negotiated in the contract) as well as the inclusion of effecting a 105(l) lease. Both Government personnel and the Tribes they serve need to know that the policy is being followed; thereby making the actions of the BIA predictable and uniform across the nation.

This expertise will include outlining the differences between a Subpart J Construction contract and a Section 108 model 638 agreement. The contractor must be thoroughly familiar with the BIA Subpart J construction contract policy, including expert knowledge and application of Contract Support Costs applicable to a 638 construction contract, and will work closely with Headquarters to ensure it is implemented.

Phase Two Another critical part of implementing a comprehensive Subpart J Construction policy is the development and maintenance of component for these contracts to be included in the existing BIA 638 tracking database. This will become an essential tool for informing BIA Leadership concerning the implementation and tracking of its 638 construction contracts nationwide. It will also be useful in the allocation of CSC and the projection of future CSC needs. The contractor, will assist the Headquarters in the design, development, training, technical assistance and maintenance of the Subpart J component in the/to the BIA 638 Database as a part of the work being accomplished under this contract. All facets of the database must meet the requirements of the Indian Affairs Office of the Chief Information Officer.

Services include:

Training and development of guides for appropriate entry of data for 638 construction contracts in the BIA 638 database.

As needed, provide assistance, as directed by Headquarters, to each of the BIA Regions in the determination and completion of their annual Contract Support Cost Reports specific to Subpart J Construction contracts.

As needed, assist Headquarters in the validation of reported CSC Subpart J Construction costs reported needs for a given fiscal year (includes the analysis and evaluation of submitted requests of reported CSC needs for a fiscal year);

As needed, assist in the completion of the BIA national CSC Report to the Congress, including but not limited to:

Technical assistance to Regions on Indirect Cost Rate proposals applicable to

Subpart J construction;

Other Technical Assistance to National or Regional staff as appropriate.

Contractor shall provide:

6 classes each year for up to 25 students per class, and Conduct training over a 4-day timeframe, unless a different solution is recommended in proposal

All the above must be preapproved by OIS prior to any action or expense.

3.0 TECHNICAL REQUIREMENTS

The contractor shall possess the technical and administrative expertise to accomplish the following:

3.1. Work Activities

3.1.1. Contract Support Costs Reporting: The contractor shall work with the program managers in developing collection of financial and technical plans to obtain the data to promote the OIS mission within the guidelines and time frame requested by the designated program manager. This work also includes the determination, calculation and validation of reported CSC needs for a given year per applicable Tribal contract.

3.1.2. Training Schedules and Technical Training Support: The contractor shall provide assistance in drafting course content, handbooks, teaching tools, methods for delivery of training (on-site or virtual where appropriate), performing cost estimates, and other associated acquisition tasks. The contractor shall be prohibited from submitting proposals/quotes for any acquisitions they have assisted with.

3.1.3. Technical Assistance:

3.1.3.a The contractor shall provide technical services related to internal procedures Handbook for a) Subpart J construction; b) implementation of 105(l) lease authorities; and c) Contract Support Costs (for 638 construction contracts) updates, risk analyses, technical writing, Standard Operating Procedure (SOP) development, OIS Fact Sheet updates, and OIS knowledge support.

3.1.4. Trainings and Briefings: The contractor shall assist in planning, organizing and hosting virtual trainings and briefings for stakeholders of the OIS program. Trainings and briefings may include technical, administrative and financial topics.

3.1.5. Administrative Support: The contractor shall provide administrative support services related to internal coordination, records management, financial tracking, end user support and training, data collection activities, and related tasks pursuant to established Indian Affairs policies and procedures.

3.1.6. Policy Support: The contractor shall provide input to program policy documents as Handbook updates and/or the development of said Handbooks when requested. The contractor will maintain updated standard operating procedures and checklists that describe consistent steps for handling most commonly-encountered situations. This effort will also include establishment of Handbook(s) and tutoring tools for the CSC/638 database and construction contracting.

3.1.7 Contracts Support Cost Services: The contractor shall provide technical services related to OIS operations, fund distributions based on reported needs, data maintenance, site interviews, documentation of processes, and quality control.

3.1.8. Data Management: The contractor shall provide technical guidance to BIA support staff on data collection spreadsheets, and all other activities required to consolidate and maintain data as submitted by Awarding Officials in the compilation of the annual CSC Congressional report once determined and validated for 638 construction contracts.

3.1.9. Mandated Timelines for Action(s) by Government Officials: The contractor shall provide technical guidance and training in complying with and tracking of mandated timelines for action(s) by the designated Approving Official and the Awarding Official to ensure decisions and notices are rendered without effecting approval of a Tribal construction contract proposal by operation of law.

3.1.10. 105(l) lease application: the contractor shall provide technical guidance training (including points of integration) of the 105(l) lease provisions as they pertain to a 638 construction contract proposal.

4.0 PERSONNEL REQUIREMENTS

4.1. Expertise Requirements

The contractor shall provide qualified, experienced analysis and technical support with a minimum of 10 years direct experience in Public Law 93-638, Indian Self Determination and Education Assistance Act contracting, including construction Subpart J provisions, 105(l) lease provisions, and Tribal Contract Support Cost administration to accomplish the tasks and deliver the services required by this Statement of Work.

4.2. Specialized Labor Categories, Technical Requirements and Areas of

Support Technical qualifications and experience requirements for the Management labor categories are delineated below:

Labor Category: Management

Program Manager

Education: Bachelor of Science Degree. A Master’s in Management or Education are highly desirable

Experience Requirements/Duties: At least ten (10) years as a Program Manager with demonstrated experience in a supervisory capacity responsible for highly effective support in planning, developing, integrating, and executing PL 93-638 programs for Federal agencies or Tribes with extensive and diversified requirements. Demonstrated experience must include (1) establishment of a strong working relationship with numerous contractors and other government agencies involved in the program; (2) an understanding of the processes and principles guiding the Indian Self Determination Program and Act itself; (3) tracking of program efforts to rapidly identify new problems and opportunities to strengthen operations; (4) innovation in and rapid implementation of effective solutions; (5) development of innovative approaches for data management; (6) organizing and conducting technical meetings; and (7) providing coordinated and timely responses to requests and tasking, including independently reprioritizing tasks as requirements change. Individual will have demonstrated creativity, foresight, and mature judgment in anticipating and solving unprecedented problems. At least three years of experience working with BIA managers is highly desirable.

At least seven (7) years with progressive responsibility in organizing reports, etc.;

providing assistance in tracking contract deliverables and organizing meetings; and taking notes of minutes; and providing administrative assistance to all members of a technical team as required. Must have good communication skills. Demonstrated experience must include at least five (5) years creating. Meet a high degree of quality in deliverables with the ability to draft written questions and perform some business process analysis and streamlining. Must be able to meet deadlines.

Writing: At least four (4) years’ experience in analyzing and preparing documentation, writing, editing, and interpreting technical documentation standards and preparing documentation accordingly. At least three (3) years’ experience, background and knowledge of the P.L 93-638 program, is highly desirable.

4.3 RESERVED

4.4 Key Personnel

All personnel working in Government buildings must have passed the IA security requirements and be cleared through the IA Contractor security process in accordance with HSPD-12 regulations. Such clearance shall include a criminal background check and credit history check. There are additional clearance requirements for Contractors working in school locations. Contractor personnel under this contract, are required to submit to suitability clearance procedures, and shall not commence work under the contract until the COR and/or Government Contract Officer have cleared them to be on site. All contract employees must be United States citizens. The information collected during this effort is considered unclassified, sensitive; therefore, Moderate Risk Public Trust, is the sensitivity level. Background Investigations are required for the position.

The Contractor shall report suspected computer security breaches as soon as the breach is received, heard of, or found to the Indian Affairs Information Technology (IAIT) help desk. The Contractor shall adhere to government requirements on IT usage and access to service IA users, equipment and software; under no circumstance is the Contractor permitted to make use of Government computer systems, information, equipment, software, supplies, or accounts for purposes other than the performance of this contract.

Personal or Contractor-owned computers are not permitted on any of the government networks.

The Contractor shall abide by United States Federal policies and procedures, the DOI policies and procedures, IA policies and procedures, and court orders.

Resumes shall be provided for each key personnel.

5.0 OTHER DIRECT CHARGES (ODCs)

5.1 Other direct charges to the task order may include but is not limited to:

Obtaining temporary training or briefing facilities and associated expenses.

Specific requirements and locations will be determined as needed and pre-approved by OIS.

Travel as pre-approved by OIS.

5.2 Travel. All travel will be in accordance with the Federal Travel Regulations (FTR) and preapproved by BIA.

5.3 For proposal purposes only, ODCs, including travel, are not expected to exceed $200,000 per year.

6.0 GOVERNMENT FURNISHED INFORMATION/EQUIPMENT/FACILITIES

6.1. Government Furnished Information

The Government will provide the Contractor access to information and documentation in support of the ISD mission.

6.2. Government Furnished Property/Equipment (GFE/GFP)

None. The contractor is solely responsible for his/her property/equipment requirements.

7.0 REPORTING REQUIREMENTS

7.1. Monthly Reporting Requirement: The Contractor will submit a status report in writing on a monthly basis on the 10th of each month. This report shall accompany the corresponding monthly voucher and should reflect all charges represented in the voucher.

The following items should be reported:

7.1.1. A narrative on work performed and progress made on all tasks levied under the resulting contract with attribution by name to who performed the work.

7.1.2. Any work or other charges that were incurred outside on the monthly reporting period must be reported under a separate section corresponding to the appropriate month.

7.1.2.a An overall financial summary of the status of funding of the contract, its projected future financial requirements and an analysis of its performance against previous projections.

7.1.2.b Employee name, labor category, and hours and cost charged to the Government under the resulting contract.

7.1.2.c A listing of travel charged to include the name of the traveler, the purpose of the trip and the separate costs charged to the Government, where allowed and preapproved by BIA.

7.1.2.d A listing of all Other Direct Costs (ODCs), to include detailed information of what it was in support of and the cost charged to the Government.

7.1.3. A report of the contractor's training accomplishments, including specific courses/technical assistance provided, and how many BIA attendees per session.

7.1.4. A report that outlines any concerns or potential problems/situations the Contractor is aware of that will affect the Contractor's performance under the resulting contract.

7.2. Final Report Requirement: The Contractor will provide a final report thirty (30) days prior to the end of the period of performance, in writing to include the following items:

7.2.1. A narrative on work performed and progress made on all tasks levied under the resulting contract.

7.2.2. An overall financial summary of the status of funding of the contract and an analysis of its performance against previous projections.

7.2.3. Employee name, labor category, and hours and cost charged to the Government of all persons employed under the resulting contract.

7.2.4. A listing of travel charged to include the name of traveler, the purpose of the trip and the separate costs charged to the Government with proof of preapproval by BIA.

7.2.5. A listing of all ODCs, to include detailed information of what it was in support of and the cost charged to the Government.

7.2.6. A detailed report of the contractor's training accomplishments.

7.2.7 Training material(s) and instructions, including any other PowerPoint presentations and other teaching/presentation aids.

8.0 LOCATION OF PERSONNEL AND FACILITIES REQUIREMENTS

8.1. Location of Personnel. Due to the necessity for quick responses and close coordination between ISD and Contractor personnel, may be located remotely and travel to on-site locations and the Washington, DC office as preapproved by OIS. Use of virtual communications means is the first option.