75P00125R00041.pdf
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- Solicitation number
- 75P00125R00041
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This document is a Request for Proposal (RFP) for a Protection and Advocacy Training and Technical Assistance Project issued by the Department of Health and Human Services. The solicitation seeks a performance-based contract to provide comprehensive training and technical assistance (T/TA) to 57 Protection and Advocacy Systems (P&As) across the United States, focusing on legal advocacy services for individuals with disabilities and ensuring electoral process access. The contract will be a Time and Materials type with a base period of 12 months and four 12-month option periods, spanning from September 29, 2025, to September 30, 2030.
Key agencies involved include the Administration for Community Living (ACL), Substance Abuse and Mental Health Services Administration (SAMHSA), and the U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSERS). The contractor will be responsible for developing strategic plans, creating knowledge resources, supporting peer networking, collaborating with stakeholders, and providing specialized technical assistance across multiple program areas including developmental disabilities, assistive technology, traumatic brain injury, mental health, and voting access. The solicitation has a proposal due date of September 22, 2025, at 12:00 pm Eastern Time, with an anticipated contract start date of September 29, 2025. The NAICS code is 813319 with a small business size standard of $18 million, and the solicitation is set aside as unrestricted.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
ACL CODE 16. ADMINISTERED BYCODE
X
X
813319
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OROAMS
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
09/22/2025 1200 ET
08/22/2025
ROBYN DOBARD
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
75P00125R00041
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 139 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Washington DC 20024 330 C Street, SW; Room 1318A Administration for Community Living Administration for Community Living
15. DELIVER TO
Rockville MD 20857 15E 10D 5600 Fishers Lane Office of Acquisition Management Services
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$18
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
OS/ASA/OAMS
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Delivery: 09/29/2025 Period of Performance: 09/29/2025 to 09/30/2026
1 Base Period: CLIN 1 September 29, 2025 - September 28, 2026
Period of Performance: 09/29/2025 to 09/28/2026
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
MARY L. RAINEY
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
2 CLIN 2 Option Period 1: September 29, 2026 -
September 28, 2027
Period of Performance: 09/29/2026 to 09/30/2027
3 CLIN 3 Option Period 2: September 29, 2027 -
September 28, 2028
Period of Performance: 09/29/2027 to 09/30/2028
4 CLIN 4 Option Period 3: September 29, 2028 -
September 28, 2029
Period of Performance: 09/29/2028 to 09/30/2029
5 CLIN 5 Option Period 4: September 29, 2029 -
September 28, 2030
Period of Performance: 09/29/2029 to 09/30/2030
6 Base CLIN 6 - TRAVEL (local & out-of-state)
09/29/2025 - 09/28/2026
Period of Performance: 09/29/2025 to 09/28/2026
7 CLIN 7 - TRAVEL (local & out-of-state) Option
Period 1 09/29/2026 - 09/28/2027
Period of Performance: 09/29/2026 to 09/28/2027
8 CLIN 8 - TRAVEL (local & out-of-state) Option
Period 2 09/29/2027 - 09/28/2028
Period of Performance: 09/29/2027 to 09/28/2028
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
139 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 139
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75P00125R00041
9 CLIN 9 - TRAVEL (local & out-of-state) Option
Period 3 09/29/2027 - 09/28/2029
Period of Performance: 09/29/2028 to 09/28/2029
10 CLIN 10 - TRAVEL (local & out-of-state) Option
Period 4 09/29/2029 - 09/28/2030
Period of Performance: 09/29/2029 to 09/28/2030
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Solicitation#: 75P00125R00041
Title: Protection and Advocacy Training and Technical Assistance Project
SECTION B - Supplies or Services and Prices/Costs
Section B – Time and Materials
B.1 BRIEF DESCRIPTION OF SERVICES
The U.S. Department of Health and Human Services (HHS), through the Administration for
Community Living (ACL) and the Substance Abuse and Mental Health Services Administration
(SAMHSA), in coordination with the U.S. Department of Education’s Office of Special
Education and Rehabilitative Services (OSERS), requires a performance-based contract to deliver coordinated, comprehensive, and specialized training and technical assistance (T/TA).
This T/TA is aimed at supporting Protection and Advocacy Systems (P&As) in delivering legal advocacy services to individuals with disabilities, with an emphasis on ensuring access to the electoral process.
B.2 RESERVED
B.3 TYPE OF CONTRACT
The contract type awarded is a Time and Material.
B.4 SEVERABLE SERVICES
The services acquired under this contract are severable services. Funds are only available for use for the contract line item (CLIN) to which they are obligated. Unused funds from one CLIN may not rollover for use in other CLINs.
B.5 CONSIDERATION AND PAYMENT (T&M – Severable Services)
In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid in accordance with the fixed loaded hourly rates as shown herein for the specified categories of labor based on the number of actual hours incurred in the performance of the work specified. Fully loaded rates shall be all inclusive of direct labor, fringe benefits, applicable indirect costs, and any profit for each labor category. Additionally, the contractor shall be reimbursed the actual cost of materials in accordance with FAR 52.212-4; Alt 1. If specifically provided for in the contract, the contractor shall be reimbursed for indirect material costs on a pro-rata basis over the contract performance period at the fixed price specified herein.
If the options are exercised funding will be obligated by modification to the contract. The base period and option periods are priced as follows:
B.5.1 Base Period: CLIN 1 September 29, 2025 – September 28, 2026
Labor Categories
Estimated
Hours
Estimated
Total Provide training and technical assistance for P&As delivering legal advocacy services to individuals with disabilities, with an emphasis on ensuring access to the electoral process in accordance with Section C.
STAFF
Principal Investigator Dep Ex Dir Training/TA Communications Mgr.
Info Sys Div Mgr.
Gover/Fiscal Mgmt. Spec Sr. Dis. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Voting Specialist Dep Ex Dir Legal Services Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Staff Attorney Staff Attorney Staff Attorney Staff Attorney Program Support Spec
Sub-total Staff
Other Direct Costs Subcontracts and Consultants Overhead (Rent, Telephone, Computer, Printer, Printing Reports, Copying Meeting Materials, Postage, Subscriptions)
TOTAL DIRECT COSTS
GRAND TOTAL
CLIN Ceiling (Not to Exceed)
B.5.2 CLIN 2 Option Period 1: September 29, 2026 – September 28, 2027
Estimated
Hours
Estimated
Total Provide training and technical assistance for P&As delivering legal advocacy services to individuals with disabilities, with an emphasis on ensuring access to the electoral process in accordance with Section C.
STAFF
Principal Investigator Dep Ex Dir Training/TA Communications Mgr.
Info Sys Div Mgr.
Gover/Fiscal Mgmt. Spec Sr. Dis. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Voting Specialist Dep Ex Dir Legal Services Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Staff Attorney Staff Attorney Staff Attorney Staff Attorney Program Support Spec
Sub-total Staff
Other Direct Costs Subcontracts and Consultants Overhead (Rent, Telephone, Computer, Printer, Printing Reports, Copying Meeting Materials, Postage, Subscriptions)
B.5.3 CLIN 3 – Option Period 2: September 29, 2027 – September 28, 2028
Estimated
Hours
Estimated
Total Provide training and technical assistance for P&As delivering legal advocacy services to individuals with disabilities, with an emphasis on ensuring access to the electoral process in accordance with Section C.
STAFF
Principal Investigator Dep Ex Dir Training/TA Communications Mgr.
Info Sys Div Mgr.
Gover/Fiscal Mgmt. Spec Sr. Dis. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Voting Specialist Dep Ex Dir Legal Services Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Staff Attorney Staff Attorney Staff Attorney Staff Attorney Program Support Spec
Sub-total Staff
Other Direct Costs Subcontracts and Consultants Overhead (Rent, Telephone, Computer, Printer, Printing Reports, Copying Meeting Materials, Postage, Subscriptions)
B.5.4 CLIN 4 – Option Period 3: September 29, 2028 – September 28, 2029
Estimated
Hours
Estimated
Total Provide training and technical assistance for P&As delivering legal advocacy services to individuals with disabilities, with an emphasis on ensuring access to the electoral process in accordance with Section C.
STAFF
Principal Investigator Dep Ex Dir Training/TA Communications Mgr.
Info Sys Div Mgr.
Gover/Fiscal Mgmt. Spec Sr. Dis. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Voting Specialist Dep Ex Dir Legal Services Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Staff Attorney Staff Attorney Staff Attorney Staff Attorney Program Support Spec
Sub-total Staff
Other Direct Costs Subcontracts and Consultants Overhead (Rent, Telephone, Computer, Printer, Printing Reports, Copying Meeting Materials, Postage, Subscriptions)
B.5.5 CLIN 5 – Option Period 4: September 29, 2029 – September 28, 2030
Estimated
Hours
Estimated
Total Provide training and technical assistance for P&As delivering legal advocacy services to individuals with disabilities, with an emphasis on ensuring access to the electoral process in accordance with Section C.
STAFF
Principal Investigator Dep Ex Dir Training/TA Communications Mgr.
Info Sys Div Mgr.
Gover/Fiscal Mgmt. Spec Sr. Dis. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Dis. Adv. Spec.
Voting Specialist Dep Ex Dir Legal Services Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Sr. Staff Attorney Staff Attorney Staff Attorney Staff Attorney Staff Attorney Program Support Spec
Sub-total Staff
Other Direct Costs Subcontracts and Consultants Overhead (Rent, Telephone, Computer, Printer, Printing Reports, Copying Meeting Materials, Postage, Subscriptions)
B.5.6 Base and All Options Value: ________________________
Contract Period Other Direct Cost
CLIN 6 – TRAVEL
(local & out-of-state)
Base Period 09/29/2025 – 09/28/2026
CLIN 7 – TRAVEL
(local & out-of-state)
Option Period 1 09/29/2026 – 09/28/2027
CLIN 8 – TRAVEL
(local & out-of-state)
Option Period 2 09/29/2027 – 09/28/2028
CLIN 9 – TRAVEL
(local & out-of-state)
Option Period 3 09/29/202 – 09/28/2029
CLIN 10 – TRAVEL
(local & out-of-state)
Option Period 4 09/29/2029 – 09/28/2030
TOTAL Potential Value Inclusive of all CLINS $
B.6 CEILING PRICE
The hours and total price per labor category are for budgeting purposes only. The number of hours actually used for each category may be less than the estimate by category as long as the ceiling price for the CLIN is not exceeded. The ceiling for each CLIN is identified in Section B.
The Government shall not be obligated to pay any amount in excess of this ceiling price nor is the Contractor obligated to continue performance if to do so would exceed this ceiling price. In the event that the Government chooses to exercise optional CLINS, unused funds from a previous CLIN may not be used to fund any services taking place in a subsequent CLIN. The ceiling price may be modified by the Government if it is determined that the estimated hours or estimated materials are insufficient for the work required.
B.7 ADDITIONS AND CHANGES TO LABOR CATEGORIES
It may be necessary to add or change labor categories during performance of this contract in order to carry out the services described in Section C. If new labor categories are added, or existing labor categories revised, the parties will negotiate the labor category(ies) prior to the incorporation into the contract. Any new labor rate proposed will be evaluated for reasonableness in accordance with FAR 15.4.
END SECTION B – Time and Materials
Title: Protection and Advocacy Training and Technical Assistance Project
SECTION C - Description/Specifications/Statement of Work
C.1 PROGRAM DESCRIPTION AND BACKGROUND
Introduction
The U.S. Department of Health and Human Services (HHS), through the Administration for
Community Living (ACL) and the Substance Abuse and Mental Health Services Administration
(SAMHSA), in coordination with the U.S. Department of Education’s Office of Special
Education and Rehabilitative Services (OSERS), requires a performance-based contract to deliver coordinated, comprehensive, and specialized training and technical assistance (T/TA).
This T/TA is aimed at supporting Protection and Advocacy Systems (P&As) in delivering legal advocacy services to individuals with disabilities, with an emphasis on ensuring access to the electoral process.
There are 57 P&As across the United States, covering each state and U.S. territory, as well as a program specifically serving Native American populations in the Four Corners region.
The primary objective of this contract is to strengthen the capacity of P&As to:
• Provide high-quality legal advocacy services to people with disabilities.
• Promote full participation in the electoral process for individuals with disabilities, including those who are blind or visually impaired.
The selected contractor will be expected to deliver coordinated, comprehensive, and specialized
T/TA that enhances both the legal advocacy capabilities and the voting rights advocacy efforts of the P&As.
The T/TA shall be organized around six (6) main functional areas:
(1) Project Management and Evaluation;
(2) Knowledge Development, Sharing, and Transfer;
(3) Strengthening of Peer-to-Peer Contacts and Networking;
(4) Collaboration;
(5) Financial Management; and
(6) Systems Information Management.
As a performance-based contract, this performance work statement (PWS)outlines the desired results and expected outcomes to be achieved for the work performed. Coordinated T/TA means addressing the P&A network needs related to implementing the various protection and advocacy grants from multiple funding Federal agencies. Comprehensive T/TA refers to resources that provide a broadly applicable foundation for all P&As regardless of size (small, medium, large) and capacity, yet are responsive to the emerging needs of P&As, such as highly complex, individualized issues. Specialized T/TA is tailored to the unique role of the P&As in providing legal advocacy services to people with disabilities and ensuring voting access.
Under the direction of the ACL Contracting Officer Representative (COR) and the Federal partners (SAMHSA and OSERS), the Contractor is responsible for the provision of comprehensive, coordinated, specialized T/TA to P&As and shall plan, arrange, and provide all the required personnel, consultants, resources, facilities, and equipment needed to fulfill the requirements of the contract in the most cost-effective manner by:
• Designing T/TA that provides fundamental skills and knowledge that are proven to effectively address the specialized and highly complex legal advocacy activities and cases undertaken by P&As;
• Enhancing and leveraging the use of technology to increase the accessibility of content to all P&A staff using multiple platforms, modifying content where needed;
• Delivering T/TA in the most cost-efficient manner to maximize resources available;
• Bolstering the use of peer-to-peer sharing techniques to share and transfer knowledge across the P&A network;
• Exploring ways to fully include individuals with disabilities in T/TA activities to ensure meaningful involvement of, and input from, the P&As and individuals with disabilities;
• Directly including the expertise of individuals who are blind/visually impaired in the development and execution of T/TA efforts aimed at improving voting accessibility.
All travel related to T/TA activities will require the prior approval of the COR. The contractor shall track separately HHS, SAMHSA and ED, OSERS funds that support T/TA activities.
Therefore, the contractor must present travel proposals in writing to the COR at least 30 days before proposed travel. Each proposal will include the amount of time (e.g., days) and the cost of transportation and lodging. The COR will approve within 14 calendar days, barring additional clarification, which will add 7 calendar days to the review.
Background
ACL, SAMHSA, and OSERS require a performance-based contract to deliver coordinated, comprehensive, and specialized legal advocacy training and technical assistance (T/TA) to the
Protection and Advocacy Systems (P&As). A critical component of this effort is the inclusion of subject matter experts (SMEs) who can provide technical assistance aimed at promoting full participation in the electoral process for individuals with disabilities, including individuals who are blind or visually impaired.
All SMEs must possess a minimum of five (5) years of experience providing technical assistance in their respective subject areas and a relevant bachelor’s degree.
As a performance-based contract, contractor performance will be measured by outcomes achieved in delivering coordinated, comprehensive, and specialized T/TA to P&As. This
Performance Work Statement (PWS) outlines the desired results and expected outcomes for the work to be performed.
Refer to Appendix A for the logic model, which provides a graphic representation of the inputs, activities, outputs, and outcomes associated with the P&A T/TA initiative.
C.2 STATEMENT OF WORK - Severable Services
The Contractor shall furnish all of the necessary personnel, materials, services, facilities, (except as otherwise specified herein), and otherwise do all the things necessary for or incident to the performance of the work as set forth below:
2.1 Coordinated Training and Technical Assistance
This contract will ensure that T/TA is provided to support P&As as they manage and implement grants from multiple Federal agencies. This effort should also ensure appropriate alignment with the perspective and priorities of Federal partners that fund P&As in each state and territory. Each
Agency listed below administers the following Federal P&A programs:
2.1.1 ACL administers the Protection and Advocacy for Developmental Disabilities (PADD) program under the Developmental Disabilities Assistance and Bill of Rights Act of 2000
(DD Act) (42 U.S.C. 15001 et seq.); the Protection and Advocacy for Assistive Technology
(PAAT) program under the Assistive Technology Act of 2004; Protection and Advocacy for
Individuals with Traumatic Brain Injury (PATBI) program under the Public Health Service
Act; the Protection and Advocacy for Voting Access (PAVA) program under the Help
America Vote Act of 2002, Pub. Law 107-252, Title II, Subtitle D, Part 5, Section 291 (42
United States Code (U.S.C.) 15461.
2.1.1.1. ACL administers the PADD grant program, which is the original P&A program, established in legislation in 1975. The P&As and other programs authorized under the DD Act address all facets of community living and focus on areas of emphasis, including employment, education, housing, health, transportation, quality assurance, childcare, recreation, and formal and informal community supports. Under the DD Act, P&As provide protection and advocacy to individuals with developmental disabilities (as defined in the DD Act). The DD Act provides P&As with the authority to use a range of legal advocacy approaches and access to individuals with developmental disabilities and records of individuals. The DD Act mandates that the Secretary of Health and Human Services implement an accountability process to monitor PADD grantees. This process includes identifying and reporting on progress achieved through advocacy, capacity building, and systemic change activities undertaken by the programs and the broader DD Network
(e.g., State Councils on Developmental Disabilities, University Centers of Excellence in Developmental Disabilities, and P&As). Section 143(a)(2) of the DD Act requires that P&As pursue legal, administrative, and other appropriate remedies, “with particular attention to members of ethnic and racial minority groups” (42 USC
15043). The DD Act requires that not more than 2 percent of the amount appropriated for the P&A program should be set aside for technical assistance. Therefore, the amount set aside for this contract may vary based on the funds appropriated by the
Congress for this effort.
2.1.1.2. The PAAT program is authorized by the Assistive Technology Act of 2004. It provides protection and advocacy services to assist individuals of all ages with disabilities in the acquisition, utilization, or maintenance of assistive technology services or devices. P&As provide information, advocacy, representation, training, technical assistance, and general guidance to increase access to and provision of assistive technology devices and services. The emphasis is on consumer advocacy and capacity-building through P&A in the states.
2.1.1.3. The PATBI program is authorized by the Public Health Service Act. It assesses each state/territory P&A’s responsiveness to traumatic brain injury (TBI) issues and provide advocacy support to individuals with TBI and their families.
Individuals with TBI often face an improper diagnosis, the inability to access support or rehabilitation services, institutional segregation, unemployment, and navigating complicated and cumbersome service and support systems. The goals of the PATBI program focus on helping state and local agencies develop resources so that all individuals with TBI and their families will have accessible, available, acceptable, and appropriate services and supports. The PATBI Grant Program is one way the
Federal Traumatic Brain Injury Program advances these goals.
2.1.1.4 Help America Vote Act (HAVA) was signed into law on October 29, 2002, and outlines the roles and responsibilities of the Protection and Advocacy Voting
Access (PAVA) program administered by the Administration on Disabilities (AoD) at
ACL. The program was designed to establish and improve participation in the electoral process for individuals with a full range of disabilities. Seven percent of
HAVA funds are set aside for T/TA to P&As to support individuals with disabilities’ full participation in the electoral process, including registering to vote, casting a vote, and accessing polling places. After receiving technical assistance, P&As may inform others on the availability of accessible voting equipment and its use.
2.1.2 SAMHSA administers the Protection and Advocacy for Individuals with Mental Illness
(PAlMI) program under the Protection and Advocacy for Individuals with Mental Illness Act of 1986, (42 U.S.C. 10801 et seq.); Children’s Health Act of 2000 (42 U.S.C. 290ii), the
PAIMI Rules (42 CFR Part 51), and the Reinstatement of Bill of Rights (42 U.S.C. 10841).
The PAlMI Act provides funds for activities to protect and advocate for the rights of eligible individuals (as defined in 42 USC 10802(4)) with significant (severe) mental illness (adults) and significant (severe) emotional impairment (children/youth), who are at risk for, or in danger of, abuse. This includes lack of access to treatment and medications; incidents of seclusion and restraint; neglect; and rights violations and serious injuries sustained from the inappropriate use of these techniques (see 42 U.S.C. 10841) while residing in public or private care or treatment facilities [see 42 U.S.C. 10802(1)]. These facilities may include, but are not limited to, hospitals, nursing homes, and community facilities for individuals with mental illness, board and care homes, homeless shelters, jails, and prisons [See 42 USC
10802(3)]. In October 2000, Congress amended the PAlMI Act to give state P&A systems the option of serving PAlMI-eligible individuals living in the community, including their own homes; however, the system must give priority to representing persons with mental illness residing in care and treatment facilities [See 42 USC 10804(d)]. Documentation of
PAIMI-eligibility is required to receive P&A services. Services provided must be within the scope and purpose of the authorizing legislation (PAIMI Act).
2.1.2.1. PAIMI funds must not be used:
▪ For technical assistance and legal proceedings to discontinue treatment
(medication management of symptoms of serious mental illness (SMI) or serious emotional disturbance (SED) and other evidence-based therapies) for SMI or SED resulting in improvement or resolution of symptoms as determined by a qualified mental health professional in the case of a mental health emergency or as required under a civil commitment order.
▪ Directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. PAIMI funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. See, e.g., 45
C.F.R. § 75.300(a) (requiring HHS to “ensure that Federal funding is expended . . . in full accordance with U.S. statutory . . . requirements.”);
21 U.S.C. §§ 812(c) (10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law.
2.1.3. OSERS administers the Protection and Advocacy for Individual Rights (PAIR) program under Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act, 29 USC
701 et seq.). Of the six programs mentioned above, the PAIR program has the broadest mandate and potentially represents the greatest number of individuals. Through the provision of information and advocacy, PAIR programs help to ensure the protection of the rights of persons with disabilities under Federal and state law in a wide variety of areas, including employment, access to public accommodations, education, housing, and transportation. PAIR programs litigate, investigate, negotiate, or mediate solutions to problems expressed by individuals with disabilities. This includes information, technical assistance, legal counsel, and litigation services to requesting individuals and organizations. To be eligible for advocacy services from the PAIR program, an individual with a disability must:
o Need services that are beyond the scope of services authorized by the Client
Assistance Program (CAP) under Section 112 of the Rehabilitation Act of 1973, as amended;
o Be ineligible for the PADD Program because the individual does not have a developmental disability as defined in the DD Act; and o Be ineligible for the PAlMI Program because the individual does not meet the eligibility criteria defined by the PAlMI Act [42 USC at 10802(4)].
2.1.4. In the PAIMI Act, Rehabilitation Act, Assistive Technology Act, Public Health Service
Act, and HAVA, Congress mandated that the respective programs authorized - PAlMI, PAIR, PAAT, PATBI, and PAVA - be administered by the same P&A systems established under the
DD Act. Therefore, the T/TA provider must coordinate among all applicable programs to deliver consistent training and avoid duplication of efforts.
2.2 Comprehensive Training and Technical Assistance
To be effective legal advocacy organizations, P&As must be adept at managing multiple Federal programs while simultaneously focusing on the mission, which is to protect and advocate for the rights of individuals with disabilities. Additionally, P&As ensure that individuals with disabilities are able to exercise their rights to make choices, contribute to society, to vote, and live independently. Therefore, P&As need comprehensive T/TA that addresses a wide array of issues across legal, disability, and organizational contexts in two main areas:
(1) P&A authorities and disability content; and
(2) P&A organizational competency.
It is understood that to be comprehensive, T/TA in these two areas will overlap and require development of a foundational T/TA program for P&A staff to have increased knowledge of the following:
• The P&A program, including the history of the program and disability rights movement;
• Historical and emerging issues;
o In the legal field, including civil rights law;
o In the disability field and how they relate to legal advocacy aimed at the protection of and advocacy for the rights of individuals with disabilities; and o In the election process, including helping individuals to exercise their legal voting rights and supporting state and local organizations in ensuring full voter accessibility;
• Various effective approaches to legal advocacy focused on the protection of and advocacy for the rights of individuals with disabilities;
• Standard P&A practices for individual and systemic legal advocacy, investigations, information and referral, monitoring, and public outreach;
• Measurement and evaluation of P&A outcomes and performance based effectiveness;
• Effective planning exercises for P&A activities to ensure compliance with Federal requirements;
• Personnel management operations to ensure compliance with Federal requirements;
• Financial/Fiscal management practices that ensure compliance with Federal fiscal requirements;
• Proven and standardized promising practices in effective P&A operations to enhance the
P&As ability to meet their mission; and
• Support of collaboration with other entities closely affiliated with or interested in P&A activities , such as the:
o State Councils on Developmental Disabilities;
o University Centers for Excellence in Developmental Disabilities Education, Research, and Service;
o PAIMI Advisory Councils (PAC); and o Disability advocacy groups.
As aforementioned, in addition to foundational knowledge, T/TA must also meet the needs of all P&As regardless of size (small, medium, large) and capacity, and be prepared to provide in-depth knowledge and resources for specialized issues within 14 calendar days of request. T/TA must provide continuous learning opportunities for P&A staff across all levels of knowledge and experience that is customized to the needs of geographic areas and populations served by individual P&As. This includes practices of cultural competency to support all P&As in serving diverse populations, including but not limited racially, ethnically, and linguistically diverse individuals; individuals from various socio-economic sectors; and individuals from various geographic locations.
2.3 Specialized Training and Technical Assistance
Protection and Advocacy Systems comprise a unique, highly specialized program designed to protect and advocate for the rights of individuals with disabilities. There is no other comparable system in the U.S. and its territories. Each P&A is mandated to protect and advocate for the rights of persons with disabilities, as defined in the authorizing statutes for the PADD, PAAT, PATBI, PAVA, PAlMI, and PAIR programs. Additionally, P&As are mandated to protect and advocate for voting accessibility as defined by HAVA. The authorizing legislation for these programs provides P&As with unique authorities to:
• Provide information on and referral to programs and services addressing the needs of individuals with disabilities;
• Pursue advocacy, legal, administrative, and other appropriate remedies or approaches to ensure the protection of and advocacy for the rights of individuals with disabilities, including their right to vote;
• Investigate complaints and incidents of abuse and neglect of individuals with disabilities;
• Support the modification of voting systems to ensure accessibility;
• Educate state and local organizations and policymakers on the rights of individuals with disabilities, including the right to vote;
• Access individuals with disabilities and to records of individuals with disabilities; and
• Ensure people have the right to access treatment and medication in correctional facilities and institutional and treatment settings.
Therefore, T/TA must be highly customized to meet the needs of this network. In particular, the
T/TA must strengthen a comprehensive legal advocacy strategy and address the legal resource needs of the P&As. Additionally, the T/TA must reflect current legal trends and pressing issues by conducting ongoing analyses of legal issues at least monthly. Finally, the T/TA must support the overall organizational stability of each individual P&A. This includes staffing contingencies, operations, and succession planning.
2.4 Goals and Expected Outcomes
The goal of this contract is to provide coordinated, comprehensive, and specialized T/TA to the
57 P&As using strategies that are reliable, effective, efficient, and responsive to the field and work towards achieving the outcomes listed below and in Appendix A:
2.4.1 The short-term outcomes for the project are:
• Increased P&A staff knowledge of the:
o P&A program, including the history of the program and disability rights movement;
o Historical and emerging issues in the legal field, including civil rights law;
o Various effective approaches to legal advocacy focused on the protection of and advocacy for the rights of individuals:
▪ With various types of disabilities, including individuals with intellectual and developmental disabilities, mental illness, and traumatic brain injury;
▪ To access assistive technology; and
▪ To vote.
o Historical and emerging issues in the disability field and how they relate to legal advocacy to protect the rights of individuals with disabilities;
o Standard P&A practices for individual and systemic legal advocacy, investigations, information and referral, monitoring, and public outreach;
o Measurement and evaluation of the P&A effectiveness;
o Effective planning exercises for P&A activities to ensure compliance with Federal requirements;
o Personnel management operations to ensure compliance with Federal requirements;
o Financial/Fiscal management practices that ensure compliance with Federal fiscal requirements;
o Proven and standardized promising practices in effective P&A operations to enhance the P&As ability to meet their mission;
o Voting systems and technologies that support individuals with disabilities to exercise their right to vote;
o Evaluation of activities relating to voting; and o Levels of strategic collaboration with various stakeholders.
2.4.2 The intermediate outcomes for the project are:
• Improved P&A performance (e.g., legal advocacy services to include individual and systems advocacy), operations, and outputs;
• Improved P&A achievement and/or maintenance of statutory compliance, and achievement of statutory compliance when needed;
• Improved collaboration with other entities funded under the DD Act;
• Increased ability of P&As to:
o Engage in complex litigation and systemic advocacy;
o Demonstrate leadership in the state/territory in the area of home and community-based services (HCBS) to include activities such as engagement in the state’s
HCBS settings rule and implementation of Olmstead;
o Develop capacity in new practice areas – such as juvenile justice and community-based monitoring;
o Utilize their access authority more effectively in correctional facilities and other facilities housing individuals with disabilities;
o Improve P&A operations by examining various aspects of the organization, such as organizational structure, legal practice, board practices, and implementation of
P&A principles and values;
o Accurately assess the availability and use of accessible voting systems and technology for individuals with disabilities;
o Meaningfully involve and get input from individuals with disabilities regarding full participation in the electoral process;
o Identify modifications to improve voting access for the blind/visually impaired;
and o Strategize with stakeholders including DD Network partners to address disability-related issues in the state/territory.
2.4.3 The long-term outcomes for the project are to:
• Position P&As as leaders and catalysts of systems change, capacity building and advocacy at the national, state/territory, and local levels;
• Increase the percentage of P&A cases that meet statutory requirements and HHS regulations;
• Increase the percentage of individuals with developmental disabilities whose rights were enforced, retained, restored, or expanded;
• Increase the inclusion of individuals with disabilities in the voting process; and
• Increase support in the use of voting systems and technology by voting centers, their staff, and individuals with disabilities, including individuals who are blind or visually impaired.
3.0 TASKS
3.1 Project Management and Evaluation
The contractor is expected to achieve the project goals by managing and evaluating the T/TA provided to the P&As.
3.1.1 Based on a thorough and in-depth analysis of multiple sources of information and perspectives (e.g., ACL, SAMHSA, OSERS, P&As, trends in T/TA activities, trends in voter accessibility, other sources), develop and annually update as needed a 5-year strategic plan for providing T/TA. This plan should clearly and concisely identify the expected T/TA goals, objectives, tasks and activities that will lead to the achievement of the project outcomes (as outlined in Appendix A and stated in this PWS), to the maximum extent possible. The proposed T/TA is to be guided by the following principles:
i. Outcome-driven results: Planning for and providing T/TA that is evaluated based on the metrics in the P&A T/TA Logic Model for measuring outcomes in the performance of T/TA to P&As;
ii. High-quality, efficient and effective T/TA: Providing comprehensive, coordinated, specialized T/TA with specific attention to the needs of a legal advocacy network while using the most cost-efficient strategies (e.g., maintain the highest levels of services to the greatest number of P&As, consistent with cost effectiveness);
iii. Evidence-based approach: Using evidence and evidenced-based strategies, resources and tools to the extent they are available for designing and implementing
T/TA;
iv. Innovation: Applying new and creative techniques and methods that promote efficiency and effectiveness (e.g. virtual T/TA) while not compromising quality;
v. Assessment of P&A need: Using an ACL, SAMHSA, and OSERS approved assessment process to regularly identify P&A needs across the PADD, PAAT, PATBI, PAVA, PAIMI, and PAIR programs. With guidance from the Federal partners, connect the assessment with available data and evidenced-based research to inform the T/TA strategies and activities to be used; and
vi. Hierarchical T/TA delivery: Promoting cost savings by maximizing the use of resources to develop fundamental resources for broad application, customizing available content to address unique P&A needs, and to dedicate individualized resources for more complex issues and needs.
3.1.2 On a monthly basis, collect and report to the Federal partners on emerging T/TA needs and trends. The monthly report, due 15 calendar days after the end of each calendar month will reflect the following.
vii. The tracking of inquiries or voter complaints received;
viii. T/TA provided and their outcomes;
ix. The specific use of funds from each federal program aligned with each task in the manner outlined by Appendix B; and
x. Adjustments to the strategic plan, goals, objectives, tasks and activities pending Federal partner approval.
xi. The monthly report will be presented by tasks and include metrics where appropriate.
3.1.3 Throughout the duration of this contract, an assessment tool and subsequent report will be developed to demonstrate improved performance, reliability, techniques, and cost-effectiveness of the services delivered by:
xii. Developing and implementing an on-going self-evaluation process for assessing progress of project activities and the extent to which the T/TA has achieved the outcomes of the contract; and reporting formative assessment results to the federal partners monthly via the monthly federal partner meetings, which will be conducted virtually, unless stated otherwise by the COR and in writing; and
xiii. Quarterly, evaluating and reporting a summative assessment to the Federal partners on the extent to which the short- and intermediate-term outcomes listed in
Appendix A and this PWS have been achieved. This quarterly assessment will be added to the December, March, June, and September reports.
xiv. At the end of the contract period, evaluating and reporting a summative assessment to the Federal partners on the extent to which the T/TA has achieved the following outcomes:
1. Position P&As as leaders and catalysts of systems change, capacity building and advocacy at the national, state/territory, and local levels;
2. Increase the percentage of P&A cases that meet programmatic and fiscal statutory requirements and HHS regulations;
3. Increase the percentage of individuals with developmental disabilities whose rights were enforced, retained, restored, or expanded;
4. Increase the inclusion of individuals with disabilities in the voting process;
and
5. Increase support in the use of voting systems and technology by voting centers, their staff, and individuals with disabilities, including individuals who are blind or visually impaired.
3.2. Knowledge Development, Sharing, and Transfer
The contractor is expected to achieve the project goals by providing a progression (e.g., broad-based to highly customized) of T/TA strategies that will promote knowledge development, sharing, and transfer. This will require the use of a password-protected website, at least 12 new documents, four new web-based trainings and two in-person trainings each year. In doing so, it is intended that the contractor will increase the knowledge base and capacity of P&A staff, P&A Board/Council members, and PAIMI Advisory Councils. The T/TA strategies include:
3.2.1 Maintenance of a T/TA website with a well-planned information architecture that:
i. Serves as the primary source of information and resources for P&As;
ii. Ensures the security and privacy of data maintained by the contractor, including personally identifiable information, per Titles II and III of the E-
Government Act of 2002, that may be collected in support of the provision of
T/TA;
iii. Meets and exceeds WCAG 2.0/2.1 AA success criteria to ensure the website and its content are fully accessible and provide a user-friendly interface and experience.
iv. Has a full library of tiered (e.g., basic to advanced) and customized (e.g.
webinar content organized into training modules) resources for legal advocacy, voting accessibility, and P&A infrastructure in multiple areas pertaining to:
1. P&As understanding and use of outcomes for PADD, PAAT, PATBI, PAVA, PAIMI, and PAIR;
2. P&A core competencies (e.g., individual advocacy, system advocacy, information and referral, educating policymakers, mitigating barriers to voting accessibility etc.);
3. Legal advocacy topics of national interest to the disability community
(e.g, access to treatment, HCBS, self-advocacy, early intervention, voting rights, etc.);
4. Infrastructure and operations (including fiscal management, governing board/advisory council training, planning and evaluation, Federal reporting, monitoring, personnel management, leadership development, etc.); and
5. Increase P&A and PAC knowledge of the PAC roles and responsibilities. Provide targeted training and technical assistance to a minimum of five P&As and corresponding PACs each fiscal year.
v. Maintains updated materials that support P&As in implementing their federally-mandated authorities, including legal and access authorities, developed in-house or by outside experts (such as Legal Fact Sheets, FAQs, dockets, archived webinars, voting initiatives, customized training content, and resources on current and emerging issues in disability, disability law and other laws pertaining to the work of the P&As);
vi. Provides information on emerging and promising practices in the P&A network for application by other P&As; and
vii. Has a content-delivery structure and design that is approved by the Federal partners, is flexible to meet P&A unique and general needs, and is cost effective.
3.2.2 Development and delivery of high-quality trainings that:
viii. Promotes advancement of core competencies of P&A staff;
ix. Increase P&A knowledge and use of outcomes-based measurement strategies;
x. Increase knowledge of mental health system needs and service array;
xi. Expand knowledge of voter rights and accessibility;
xii. Increase knowledge and use of culturally competent practices;
xiii. Increase the capacity and leadership development of P&A staff; and
xiv. Support P&A infrastructure and operations.
3.2.3Development and regular dissemination of high quality, expert analysis, and legal advocacy resources that are current, accurate, and address trends in the legal and disability fields;
3.2.4Provision of rapid response legal and operational technical assistance to P&As based on urgent and timely needs and issues; and
3.2.5Provision of individualized T/TA to P&As in need of assistance. Each performance period, the contractor shall conduct a total of 21 on-site visits, which include P&As in leadership transition, threat of independence, and high-risk designation. P&As will also have the option of contacting the contractor for targeted technical assistance. At the end of each T/TA visit or virtual training, a report will be issued to the COR.
xv. P&As in leadership transition: The contractor shall address operational concerns to the transitionary leadership and staff. Each training will be conducted in up to three days. Additional T/TA will be provided virtually.
xvi. P&As with complex state issues: The contractor shall conduct research on case law, participate in high-level meetings with state and federal partners, and provide authoritative guidance in conjunction with federal partners. Each training will be conducted in up to three days. Additional T/TA will be provided virtually.
xvii. P&As with high-risk designation at the federal level: The contractor will conduct an assessment of each of such P&As to determine the level and type of T/TA needed. Training for each governing board or advisory council will be conducted virtually. One on-site training, which will be determined by the
COR, will be conducted for one to five days. No on-site training will be conducted for more than five days.
3.3. Strengthening Peer-to-Peer Contacts and Networking
The contractor will create a list of experts and update this list every six months. In addition, it will provide semi-annually in writing, a list and goals for peer-to-peer networking. It is expected to achieve project goals by efficiently and effectively supporting peer-to-peer connections across the P&A Network to enhance T/TA to include:
3.3.1 Broadening the cadre of experts to provide T/TA to P&As that will:
i. Provide accurate and timely resources, supports, and technical assistance to
P&A staff and Board/Council members with the ultimate goal of P&As being positioned as leaders and catalysts of systems change;
ii. Build capacity and leadership within each P&A and across the network of
P&As;
iii. Include individuals with disabilities and organizations with specialization in identifying and mitigating barriers for persons with visual disabilities in the voting process; and
iv. Be appropriately evaluated on the effectiveness of such experts and networking activities.
3.3.2 Establishing and maintaining an electronic means of supporting peer-to-peer networking through the T/TA website, such as e-Task Forces or other web-based mechanisms for identifying experts, and facilitation of virtual linkages between the
P&As.
3.4. Collaboration
The contractor will propose and convene no less than two workgroups and inform the federal partners of their purpose and goals for approval. The contractor is expected to provide T/TA that will support P&A collaboration and effective partnership with a variety of groups at various levels, to include partnerships with:
3.4.1 The Federal Government
v. Establish and maintain a working relationship with ACL, SAMHSA, and
OSERS that fosters a shared accountability based on statutory requirements of the P&As and associated…
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