B15_Notice_of_Intent.pdf

The Department of Justice (DOJ), Office of Justice Programs (OJP) intends to negotiate, on a sole source basis, under authority of FAR 13.106-1(b) (1), with Pretrial Justice

Institute for Pretrial Risk Assessment Services in support of the Office of Civil Rights

(OCR) at OJP Headquarters, Washington, DC.

The Office of Justice Programs (OJP), Office for Civil Rights (OCR) ensures that recipients of federal financial assistance (recipients) from the Department of Justice (DOJ), the Office of Community Oriented Policing Services (COPS Office), and the Office on Violence Against Women (OVW) comply with civil rights laws that prohibit discrimination against individuals in the recipients’ delivery of services or benefits. As part of its efforts to address discrimination, the OCR investigates complaints and conducts compliance reviews of service delivery in funded entities. The OCR needs the services of a contractor to assist it in investigating and resolving allegations of discrimination in the pretrial bail practices of funded local jurisdictions.

The OCR’s enforcement authority arises from several nondiscrimination statutes and regulations that require recipients to adhere to particular civil rights requirements. The following statutes and regulations prohibit discrimination on the basis of disability:

-The Omnibus Crime Control and Safe Streets Act of 1968, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in certain OJP-, OVW-, and COPS-funded programs or activities (42 U.S.C. § 3789d and 28 C.F.R. § 42.201 et seq.);

-The Juvenile Justice and Delinquency Prevention Act of 1974, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, or sex in certain OJP-funded programs or activities (42 U.S.C. § 5672(b));

-The Violence Against Women Act (VAWA) of 1994, as amended, which prohibits discrimination on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in programs authorized under VAWA (42 U.S.C.

§ 13925(b)(13));

-Section 1407 of the Victims of Crime Act (VOCA) of 1984, as amended, which prohibits discrimination on the basis of race, color, national origin, religion, sex, or disability in VOCA-funded programs or activities (42 U.S.C. § 10604);

-Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in OJP-, OVW-, and COPS-funded programs or activities (42 U.S.C. § 2000d and 28 C.F.R. § 42.101 et seq.);

-Section 504 of the Rehabilitation Act, as amended, which prohibits discrimination on the basis of disability in OJP and COPS-funded programs or activities (29 U.S.C. § 794 and 28 C.F.R. §

42.501 et seq.);

-Title II of the Americans with Disabilities Act of 1990, as it relates to discrimination on the basis of disability in OJP-, OVW-, or COPS-funded programs or activities (42 U.S.C. § 12132 and 28 C.F.R. pt. 35); and

-Title IX of the Education Amendments of 1972, as amended, as it relates to discrimination on the basis of sex in OJP-, OVW-, and COPS-funded training or education programs (20 U.S.C. § 1681 and 28 C.F.R. pt. 54).

OCR's requirement requires that the consultant possess extensive specific experience in assisting local jurisdictions and courts in eliminating or reducing racial and ethnic disparities in pretrial bail systems through the development and implementation of evidence-based approaches in risk assessment in support of the mission of OJP OCR.

FAR 13.106-1(b)(1)(i) states “Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).”

The proposed consultant, Pretrial Justice Institute, possesses unique qualifications and specialized experience in assisting local jurisdictions and courts eliminate or reduce racial and ethnic disparities in pretrial bail systems through the development and implementation of evidence-based approaches in risk assessment. It has 40 years’ experience in this area and is the only entity dedicated to providing training and technical assistance on race-neutral pretrial justice practices. They have provided training and technical assistance to hundreds of jurisdictions and boast experience that other vendors do not possess.

The proposed consultant has direct specific experience working to advance OJP goals, having previously served as a consultant/partner with BJA to reform pretrial practices. The consultant’s familiarity and knowledge of DOJ/OJP policy and practice will allow it to being working immediately without expending valuable contract hours in order to familiarize itself with OCR’s needs.

Pretrial Justice Institute’s demonstrated qualifications supports the mission of OCRs program by allowing the OCR to help jurisdictions come into compliance with their civil rights obligations to deliver services and benefits in a non-discriminatory manner. The qualifications of this SME is essential to OCR, without the expert and unique qualifications of the SME, OCRs program would not be able to provide technical assistance to those jurisdictions requesting in, monitor implementation of settlement agreements, and conduct data analysis to ensure the proposed pretrial bail reforms are meeting their goals.

Therefore, it is vital to OCR that execution of this contract action allows for continuity of services to performed by an entity that possess the unique and specific skills and qualifications, ensuring OCRs accuracy and compliance with civil rights laws that prohibit discrimination against individuals in the recipients’ delivery of services or benefits.

A determination by the Government not to compete the proposed acquisition based upon responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement.

No solicitation package will be issued. This notice of intent is not a request for competitive quotations. However, responses received by September 23, 2019 will be considered by the Government.