Attachment 2 - Performance Work Statement.pdf

U.S. Department of Justice/Office of Justice Programs (USDOJ/OJP) Office of Juvenile Justice and Delinquency Prevention (OJJDP)

Juvenile Justice and Delinquency Prevention Act (JJDP Act) Core Requirements Audit Support

PERFORMANCE WORK STATEMENT (PWS)

1. Introduction

1.1 BACKGROUND

The purpose of this Performance Work Statement (PWS) is to obtain services and subject matter expertise to support the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in carrying out its compliance determination and auditing requirements under the Juvenile Justice and Delinquency Prevention Act (JJDP Act). Services acquired through this PWS will assist OJJDP in carrying out its statutorily mandated responsibility to implement activities related to the JJDPA core requirements, specifically:

• Collection and analysis of core requirements data submitted to OJJDP by U.S. states, territories, and the District of Columbia; and

• Conducting audits of the JJDPA core requirements compliance monitoring systems of U.S. states, territories, and the District of Columbia.

The selected contractor will carry out these activities in coordination with and under the oversight of OJJDP subject matter expert staff.

OJJDP, a component of the Office of Justice Programs, U.S. Department of Justice, accomplishes its mission by providing national leadership, coordination, and resources to prevent and respond to youth delinquency and victimization. The Office helps states, localities, and Tribes develop effective and equitable juvenile justice systems that create safer communities and empower youth to lead productive lives.

Congress enacted the Juvenile Justice and Delinquency Prevention (JJDP) Act (Pub. L. No. 93-415, 34 U.S.C. § 11101 et seq.) in 1974. This landmark legislation established OJJDP. The JJDP Act was most recently reauthorized on December 21, 2018. Under the JJDP Act, OJJDP’s Title II Part B1 Formula Grants Program provides grants to support U.S. states, territories, and the District of Columbia2 to assist them in planning, establishing, operating, coordinating, and evaluating projects directly or through grants and contracts with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system.

1 The 2018 reauthorization named the formula grants program the “CHARLES GRASSLEY JUVENILE JUSTICE AND

DELINQUENCY PREVENTION PROGRAM.”

2 Future references to the term “state(s)” in this PWS includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Nearly all states participate in and receive funding under OJJDP’s formula grant program. States that participate in the program also work to achieve and maintain compliance with the core requirements of the JJDP Act. These core requirements include:

1. the “deinstitutionalization of status offenders” or “DSO” requirement at section 223(a)(11)(A) of the

JJDP Act (34 U.S.C. § 11133(a)(11)(A));

2. the “juveniles charged as adults requirement” or “JCA” requirement at section 223(a)(11)(B) of the JJDP Act (34 U.S.C. § 11133(a)(11)(B));

3. the “separation” requirement at section 223(a)(12) of the JJDP Act (34 U.S.C. § 11133(a)(12));

4. the “jail removal” requirement at section 223(a)(13) of the JJDP Act (34 U.S.C. § 11133(a)(13)); and

5. the “reducing racial and ethnic disparities” or “R/ED” requirement at section 223(a)(15) of the JJDP

Act (34 U.S.C. § 11133(a)(15)).

For core requirements 1 through 4, above, states are also to “provide for an effective system of monitoring jails, lockups, detention facilities, and correctional facilities to ensure that the core requirements are met, and for annual reporting of the results of such monitoring to the Administrator.”

(Section 223(a)(14) of the JJDP Act).

As part of its oversight of the formula grant program, OJJDP is responsible for “provid[ing] for the auditing of [state] systems required under section [223](a)(14) for monitoring compliance.”

OJJDP already has training and technical assistance (TTA) provider(s) in place through a cooperative agreement to assist states in developing, implementing, and conducting their state-level monitoring responsibilities and for the internal state collection of annual core requirements data. This PWS is NOT for these state-level activities. Instead, this PWS is to assist OJJDP (the federal agency) in carrying out its oversight responsibilities. The specific tasks involved in this PWS are outlined below.

For more information about OJJDP’s authorizing legislation (the Juvenile Justice and Delinquency Prevention Act), and OJJDP’s components and programs, see www.ojjdp.gov

1.2 Objective and Tasks

The objective of this PWS is to support OJJDP in carrying out an array of mission-critical tasks related to the Title II audit function, and states’ compliance with the core requirements. These tasks are described below. The selected Contractor shall work closely with OJJDP to ensure the successful implementation of this project and will also be expected to work closely with both OJP’s Office of the Chief Financial Officer, as well as some OJJDP technical assistance providers that support OJJDP’s Formula Grant program grantees.

The Contractor shall have subject matter expertise in the following areas: the core requirements of the JJDP Act, as well as those facilities (adult and juvenile) that are subject to state monitoring for compliance with the core requirements; statistical data collection, methods, and analysis; and conducting performance http://www.ojjdp.gov/ audits that adhere with Generally Accepted Government Auditing Standards (GAGAS). In addition, the Contractor shall be prepared to have staff available to travel and accompany OJJDP staff with on-site to conduct state compliance monitoring performance audits.

The tasks are briefly described below:

1. Providing expertise and guidance to OJJDP in the continued enhancement and implementation of

OJJDP’s online core requirements compliance reporting system, which is used by states to submit their annual data and supporting materials regarding the JJDP Act core requirements. This includes facilitating updates to technical assistance and resource materials for system users and serving in a helpdesk capacity. This activity will require working with both OJJDP and OJP’s Office of the Chief Information Officer (OCIO) which is responsible for the management of this information technology (IT) system.

2. Providing expertise to OJJDP in conducting analysis of annual core requirements data submitted by states to OJJDP through the IT system noted above. The analysis is necessary to assist OJJDP as it determines annual state compliance with the core requirements and establishes standard thresholds.

Data analysis is also used for risk analysis and assessment, aggregate reporting, and other internal purposes.

3. Providing both subject matter expertise and supportive services to OJJDP in preparing for, carrying out, and finalizing on-site performance audits of state compliance monitoring systems. This includes both pre- and post-performance audit actions, as well as (in some cases) accompanying federal staff in a supportive role as they conduct on-site performance audits. OJJDP will conduct up to 20 on-site state compliance monitoring system performance audits per year. These performance audits will comply with GAGAS, also known as the “Yellow Book”, published by the Government Accountability Office (GAO).

Details of each task above are outlined below.

Task 1:

Task 1.a. Providing subject matter expertise to OJJDP in identifying and advising on any updates, changes and enhancements needed to OJJDP’s existing core requirements compliance reporting system. This task involves subject matter expertise in the core requirements, data collection and data analysis. This is not an IT-development task but requires working with OJP’s IT development team to implement any changes.

Task 1.b. Implementing updates (when needed) to user technical assistance and resource materials related to using the online system, including how to access assistance when needed.

Task 1.c. Implementation of a helpdesk available through email and telephone, available to users who need support and assistance in navigating and completing submissions in the agency’s online core requirements compliance monitoring reporting system. System reporting (and user interaction) is heaviest during the three-month period when states are submitting their data to OJJDP (typically between April through July). On average, there are approximately 300 non-federal users of the system annually.

Task 2:

Task 3:

Task 2.a. Provide statistical methodology and data analysis expertise to OJJDP for calculations and methodology embedded in the online core requirements compliance reporting system. Conducting statistical analysis of core requirements data submitted by states to assist OJJDP as it establishes annual thresholds for compliance, identifies outliers, conducts risk assessments and for other purposes.

Task 2.b. Prepare summary reports based on core requirements data submitted by states.

Specific reports are to be determined.

Task 3.a. Provide subject matter expertise to assist OJJDP as it establishes the schedule of state compliance system performance audits, using information from Tasks 1 and 2, as well as additional information provided by OJJDP subject matter staff and OJJDP technical assistance providers.

Task 3.b. Provide subject matter expertise and support services in arranging for on-site performance audits. This includes consulting with OJJDP staff and the state compliance monitor, assembling pre-audit background materials, confirming the on-site performance audit schedule, and ensuring preparation of all materials necessary for the on-site performance audit.

Task 3.c. Provide supportive services to the OJJDP staff during the on-site performance audit. This may include either remote assistance (on-demand by email or phone) or having a contract staff member accompany OJJDP staff to provide support in-person during the on-site performance audit. On-site performance audits will typically last up to 5 days (a full work week) and involve a series of meetings with the state compliance monitor and other state and local staff, as well as visits to several different types of facilities in different locations around the state (usually 5 to 6 different types of facilities, both adult and juvenile facilities).

Performance audits may involve a period of file review and data collection. It is expected that the Contractor provide staff to accompany and support OJJDP staff on-site for up to 12 performance audits per year.

Task 3.d. Provide post-audit support in report preparation, OJJDP’s audit findings, tracking, and closure. This includes assisting OJJDP staff in drafting the report, including identifying relevant documentation, coordinating with state(s) in assembling audit finding responses, tracking the resolution of any audit findings or recommendations made by OJJDP, and ensuring timely follow up, as needed. The selected Contractor must have the expertise required to achieve the objectives of this PWS and carry out the associated inter-related tasks, to include:

1. Technical expertise in data collection, data analysis and system requirements to facilitate enhancements (in coordination with OJP’s OCIO) to the existing OJJDP Compliance Monitoring System (an IT system), and to support OJJDP in its annual compliance determinations and preparation and implementation of performance audits. For this PWS, the sources of data will be both electronic [largely submitted through the Compliance Monitoring Tool (CMT) by states], and in hardcopy/paper (including facility population logs collected in preparation for or as part of an on-site performance audit).

Expertise should include knowledge of and experience using an array of statistical data collection strategies, analysis software applications, and strong methodological skills.

2. Project management expertise to ensure that all work accomplished under this PWS is completed consistent with expectations defined in the PWS. This includes experience effectively using standard project management tools and techniques, including iterative, incremental, and agile practices throughout project life cycles. The Contractor should also have the ability to work closely with a Contracting Officer’s Representative (COR) and other representatives from federal government agencies, to determine the best way to execute. Additionally, the Contractor should have the capacity to proactively identify and address/mitigate risks and challenges in delivering successful projects and required results. Ability to work cooperatively with other OJJDP training and technical assistance providers.

3. Substantive subject matter expertise related to the Juvenile Justice and Delinquency Prevention Act, the Title II Part B Formula Grant program, and the core requirements, including expertise in the management and administration of adult and juvenile justice facilities. This includes significant knowledge of the content of and requirements in the JJDP Act, including the core requirements and the elements of an effective state compliance monitoring system. The Contractor would also need an understanding of the common challenges that are faced with this work and an ability to work credibly and effectively with leaders and representatives from state, local, and tribal justice agencies and confinement facilities. In addition, the Contractor should have excellent verbal and written communication skills, and a demonstrated ability to translate complex information from diverse sources into concise, organized, relevant, user-friendly communications and resources.

While the three types of expertise noted above are necessary to carry out the work associated with this PWS, a Contractor that does not possess all of them are still encouraged to submit proposals, if they include partners/sub-contractors that, together with the Contractor, possess the necessary expertise.

For example, a Contractor may have the required technical and project management expertise, and can identify one or more partners/sub-contractors with the necessary substantive expertise in the JJDP Act and related issues.

2. Deliverables and Delivery Schedule

The Contractor shall provide all reports and summaries in the format directed by the government to the COR, as instructed. The Contractor is invited to suggest recommendations for report formats and for content and delivery improvements that increase timeliness and information exchange, thereby reducing costs. Deliverables are detailed throughout the tasks and in the chart below.

Task No. End Result/Deliverable(s) Schedule Milestone(s) 1.b. Updates to user technical assistance and resource materials for online core requirements compliance reporting system.

As needed

1.c. Helpdesk services, with email and toll-free number to assist users of the online system.

Open 9am-5pm ET Mon-Fri during reporting months; on demand during other times of the year.

2.a. Report assessing methodology and calculations in the online reporting tool.

Within 3 months of contract start date.

2.b. Summary reports based on core requirements data submissions.

As needed (schedule to be determined)

Task 3.a. Recommended schedule of state compliance monitoring system performance audits.

Within 4 weeks of contract start date.

Task 3.b. Draft suggested SOP and checklist for OJJDP’s state core requirements compliance monitoring performance audits.

This document would detail all activities pre-audit, during the audit, and post-audit as well as supporting documentation needed.

Within 2 months of contract start date.

Task 3.c. Development of draft tracking tool and proposed methodology for OJJDP’s performance audits.

Within 5 months of contract start date.

All Technical/Progress Report

Includes—

• Financial summary

• Project task activities

• Changes in key personnel

Monthly, due no later than the 15th of the following month.

3. Weekly Meetings with the COR

The Contractor shall meet weekly and on an ad hoc basis with the COR as issues arise. The purpose of these meetings is to discuss the overall operation of the contract, the project design, and the proposed methodologies to carry out the work. At these meetings, a mutual effort will be made to resolve the problems identified. After the meeting, the Contractor shall provide the COR with a meeting summary that will highlight action items for follow-up.

The Contractor’s management may be required to meet with the COR, government procurement officials, and other government personnel when necessary to discuss technical or administrative issues. The Contractor may request such a meeting, if necessary. The Contractor shall prepare and provide written minutes of any such meeting to the COR for signature within 1 business day of the meeting. If the COR does not concur with any portion of the minutes, notice of such non-concurrence shall be provided to the Contractor’s representatives within 5 business days following receipt of the minutes. The Contractor shall acknowledge or resolve all disputes and resubmit the minutes to the COR within 5 business days of receipt of the non-concurrence notice.

4. Staffing Plan

The Contractor shall provide qualified personnel in sufficient quantities to perform the tasks described in this PWS. All proposed key personnel and non-key management staff must have experience in operations of the size and scope of the requirements contained in the PWS.

Position Title

Key Personnel

(Key/ Non-Key)

Duties/Responsibilities

Education/Experience

Project Director

Key • Senior operational staff responsible for day-to-day management of task specific activities.

• Requires strong project and financial management skills, communication skills, and substantial knowledge regarding task requirements.

• Oversees ongoing resolution of challenges or problems with task related services and implementation.

• Maintains ongoing communication to lead other staff involved in task implementation, and updates government client and Contractor leadership on status and progress. Accountable for quality of work, personnel, adherence to timeline and deliverables.

Master’s degree AND a minimum of 7 years’ experience in juvenile justice, social science or other appropriate subject area; OR Bachelor’s degree AND a minimum of 10 years’ experience in juvenile justice, social science or similar discipline.

Advanced degree (Master’s degree) preferred.

Knowledge of criminal or juvenile justice programming, project management, and training and technical assistance programs highly preferred.

Project Management Professional (PMP) certification preferred.

Program Manager II

Key • Serves as primary subject matter expert for specific contract projects and tasks.

(for example, statistical data collection, analysis and methods, Juvenile Justice and Delinquency Prevention Act core requirements, juvenile and adult facilities, performance audits and Generally Accepted Government Auditing Standards).

• Works independently, sometimes leading a team.

Master’s degree AND a minimum of 5 years’ experience in social science or similar discipline; OR Bachelor’s degree AND a minimum of 7 years’ experience in social science or similar discipline.

Experience with training and technical assistance programs is required.

Knowledge of juvenile justice or related programming is highly preferred.

Program Manager I

Non-Key • Provides subject matter expertise for specific related project and tasks.

Typically works in a team or with oversight of senior staff.

Master’s degree AND a minimum of 2 years’ experience in social science or similar discipline; OR Bachelor’s degree AND a minimum of 3 years’ experience in social science or similar discipline.

Experience with training and technical assistance programs and knowledge of juvenile justice or related programming is highly preferred.

Administrative Assistant

Non-Key • Conducts routine office tasks, to include handling incoming mail and other documents; drafts, proofreads and edits correspondence and documents, maintains record tracking and filing systems.

• Conducts data input, retrieves information and documents from databases and the Internet. Runs reports.

• Arranges logistics for meetings and travel.

• Attends and records notes at meetings.

Bachelor’s degree AND a minimum of 1-year relevant experience; OR Associate’s degree AND a minimum of 3 years’ experience in document management, meeting logistics, travel and other administrative activities; OR High school diploma AND a minimum of 7 years of relevant work experience.

5. Additional Personnel Requirements

The Contractor’s employees must successfully pass the government security background investigation.

The Contractor is expected to work at the Contractor’s site, or Contractor remote workplace for most of this requirement. If Contractor employees are on-site at OJP, they will be provided “hotel” space and access to the OJP network. For those project staff working at the Contractor’s site or Contractor’s remote workplace, the government will not provide space, facilities, or furniture for the Contractor.

The Contractor is required to follow OJP computer and other security policies and guidelines with respect to computer systems.

The Contractor shall identify additional staff that will have the necessary government security clearances in the event they will be needed to perform tasks under this PWS. This staff may be temporary substitutes, or new or existing employees of the Contractor. The government must receive timely notifications of any key personnel changes by the Contractor.

All key personnel resumes shall be submitted for approval. Key personnel are not authorized to begin work under the Contract Order until the COR and CO provide written approval. Any résumé submitted for a key personnel position after proposal submission is still subject to the approval of the COR and CO.

Request for replacement shall include a detailed résumé containing a description of the person’s past duties as well as information about the qualifications of the individual being proposed for the position.

6. Travel

All reimbursable long-distance travel must be approved in advance by the COR. The Contractor shall use the lowest fares available. The costs for common carrier transportation, mileage, lodging, per diem, rental cars, tolls, parking, and all other related expenses shall be borne by the Contractor and reimbursed in accordance with Federal Travel Regulations (FTR). The Contractor shall follow up by telephone with expert consultants who have not submitted reimbursement forms within 30 calendar days after completion of travel. If the data has still not been received within 60 calendar days, the Contractor should follow up in writing.

7. Phase In/Phase Out Planning

A. Phase-in/Start-up (transition) Period

The Contractor shall update, and then implement, its proposed Phase-in/Start-Up Plan that provides for complete transition from the incumbent and start-up of all video production and multimedia services within 45 days of the contract award. The Contractor shall estimate the cost for all expenses associated with its proposed transition period (e.g., labor and transfer of video files).

B. Phase-out/Shut-down Plan

At the conclusion of the Contract Order, the incumbent shall provide support to the government and any new Contractor to ensure timely and efficient transition. At a minimum, the Phase-out/Shut-down Plan shall include delivering to OJJDP –

1. A list of OJJDP projects in active development that will be carried over to the next contract for completion, including –

• The status of each active project;

• The expected level of work (e.g., editing, refinement, final delivery);

• The approximate percentage of project completion;

• The remaining steps needed for completion; and

• Any notes, memos, or other background information that may be helpful in the project completion.

2. A roster of all products in print and web formats that have been developed for OJJDP since the contract start date.

8. Status Meetings

The Contractor shall meet weekly with the COR and OJJDP Subject Matter Experts. These meetings must be used to review reports and budgets, and to discuss new capabilities. Meeting minutes to document topics covered and action items will be performed by the Contractor and provided within 3 business days.

• At these meetings, the Contractor shall prepare reports and discuss all, but not limited to, the following items –Progress on all projects since the last status meeting including services performed and video project status;

• Issues or problems affecting service and the production of contracted projects plus alternatives and recommended solutions;

• Emerging issues, new or enhanced methods to improve projects and services, and any other items for COR consideration; and

• Recommendations for policy changes or revisions to current practices that could improve services while maintaining or reducing cost.

9. Government Furnished Information (GFI)

Government-furnished information may be provided under the contract as needed to support the development of video projects. Information may include background information and resources, including past video footage that will assist the Contractor in understanding the topic for a specific project.

10. Government Furnished Property (GFP)

The government will not provide the space, facilities, or furniture for the Contractor to operate the project. The Government will issue Government PIV cards, laptops, user identification and passwords to Government networks in accordance with OJP policies.

11. Period of Performance

The period of performance for this PWS is for a 12-month base period and four 12-month option periods.

The option periods may be exercised providing the level of effort, results, and deliverables are of acceptable quality and meet the government’s needs.

12. Security

The Contractor shall notify the COR and the CO immediately of any changes in personnel prior to making the personnel changes. For any suggested changes, it must be approved by the COR, CO, and attain an OJP security clearance before commencing any work outlined in this PWS.

The Contractor shall ensure that individuals selected to work on the government site are able to obtain a security clearance and are well trained in the area of privacy and handling sensitive information.

Additionally, the Contractor is responsible for pre-screening for suitability all persons proposed for work under this contract and for ensuring that all such persons have submitted to a criminal background check.

The criminal background check shall ensure that all personnel furnished are reliable and of reputable background and sound character. Criminal or other conduct factors deemed inappropriate, and which disqualify an individual for work under this contract include the following: 1) felony conviction; 2) recent incarceration as a result of a felony conviction; 3) infamous or disgraceful conduct; 4) recent history of illicit drug use; 5) current, continuing alcohol abuse; 6) intentional falsification, fraud, or deception;

and/or 6) reasonable doubt of loyalty to the U.S.

13. Place of Performance and Hours of Work

The work performed under this requirement will take place primarily at the Contractor’s facilities or Contractor’s remote workplace. Meetings to discuss strategy and review progress shall take place remotely.

Normal workdays are Monday through Friday except US Federal Holidays or other dismissal procedures as specified by the Office of Personnel Management. The contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

Days of operation are Monday through Friday and hours of operation are 8:00 a.m. - 5:30 p.m. ET.

Contractor support personnel typically work eight (8) hours per day, 40 hours per week. However, situations may arise which require contractor personnel to provide support during other time periods to complete mission critical tasks.

The Government will not be billed for holidays or closures except when services are required by the Government and are actually performed on a holiday. Inclement weather or other environmental conditions that require a change to the daily work schedule will be in accordance with OPM notifications and procedures. OJP maintains the right to modify and change work duties based on the current situation.

When the Government facility is not closed, the contractor will at all times maintain an adequate workforce, as determined by the COR, for the uninterrupted performance of the tasks defined within this PWS. The contractor shall understand stability and continuity of the workforce is essential. Contractor personnel may work within the hours prescribed and vary working times to accommodate day-to-day requirements.

Security closures will be addressed in accordance with the guidance from OJP's Office of Administration.

Work shall not be required on the following Federal holidays or on days observed in lieu thereof, unless emergency support is required:

New Year's Day Birthday of Martin Luther King Jr.

Washington's Birthday Memorial Day

Juneteenth National Independence Day

Labor Day Columbus Day

Veterans Day Thanksgiving Day

Christmas Day Inauguration Day (When Applicable)

In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President's Proclamation

It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance, or entitlement of compensation except as set forth within the task order. In the event the contractor's personnel work during the holiday, they may be reimbursed by the contractor; however, no form of holiday or other premium compensation shall be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

When the government grants excused absence to it employees, assigned contractor personnel may also be dismissed, however, at no expense to the Government. The contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the CO and the COR.

14. Alternate Place of Performance

Contract staff may be allowed to work from home on a case by case, or project-based, instance with the written approval of the COR.