B08_Att_1_SOW.pdf

STATEMENT OF WORK

U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF INDIAN AFFAIRS

OFFICE OF JUSTICE SERVICES

TRIBAL JUSTICE SUPPORT DIRECTORATE

FOR

TRIBAL COURT ASSESSMENTS

Contents

1. INTRODUCTION

2. BACKGROUND AND OBJECTIVE

3. SCOPE OF WORK

4. PERIOD OF PERFORMANCE

5. TYPE OF CONTRACT

6. PLACE OF PERFORMANCE

7. REQUIREMENTS AND TASKS

8. REQUIREMENTS

8 . 1 SPECIFIC TASKS

9. DELIVERABLES AND DELIVERY SCHEDULE

9.1 DELIVERY SCHEDULE

9.2 NOTICE REGARDING LATE DELIVERY

10. TASK ORDER PERSONNEL

10.2 RESUMES

11. QUALITY ASSURANCE AND MONITORING OF WORK DELIVERABLES

11.1 GENERAL ACCEPTANCE CRITERIA

11.2 QUALITY ASSURANCE

12. GOVERNMENT FURNISHED EQUIPMENT, GOVERNMENTFURNISHED INFORMATION

AND APPLICABLE DOCUMENTS

13. REGIONS AND TRIBES

14. ESTIMATED LEVEL OF EFFORT

15. POST AWARD ADMINISTRATION

16. TRAVEL

17. ATTACHMENTS

1. Map of the BIA Regions

2. Monthly Status and Progress Report Template

3. TJS Template

STATEMENT OF WORK

1. INTRODUCTION

The mission of the Tribal Justice Support Directorate (TJS), a division within the Office of Justice Services (OJS), Bureau of Indian Affairs (BIA), Department of the Interior (DOI) is to further the development, operation, and enhancement of approximately 425 tribal justice systems and 8 Courts of Indian Offenses1. In 1993, Congress passed the Tribal Justice Support Act, which requires TJS to conduct tribal court surveys and identify specific needs. Thus, TJS followed the statutory directive and instituted the Tribal Court Assessment Program which utilizes the Trial Court Performance Standards2 (TCPS), as modified to address tribal justice system needs. Moreover, the United States Congress and the Federal Courts have repeatedly recognized that tribal justice systems are the appropriate forum for adjudicating civil disputes and criminal actions within Indian country and have amended the Indian Civil Rights Act under the Tribal Law and Order Act of 2010 and the Violence Against Women Reauthorization Act of 2013.

2. BACKGROUND AND OBJECTIVE

The Tribal Court Assessments assist TJS to determine need and gather data on the universal needs of tribal justice systems as well as the understand the specific individualized needs of the tribal court being assessed. The Tribal Court Assessments are intended to identify areas of training and technical assistance needed in the tribal justice system, such as criminal prosecution, foster care issues—including Title IV-E issues, Indian Child Welfare Act (ICWA) transfer issues, child support, juvenile issues, and guardianship. Additionally, tribal probate issues, tort and liability issues are also reviewed when those matters occur on Indian lands and are regulated by tribal codes. In analyzing the statutory requirements for a justice system survey, TJS determined that the Tribal Court Assessments will utilize the Trial Court Performance Standards (TCPS) model which defines optimal court performance and is viewed as a blueprint for improving the administration of justice by focusing on performance, self-assessment and self-improvement of the trial justice system. TJS also conducts regular in-service meetings that focus on creating a universally consistent document and modifies the Assessment when necessary based on new case law or statutory modifications.

These tribal court assessments provide: a conceptual framework of performance areas;

community perception; and will focus on tribal courts’ operational activities, codes, procedures, and budget limitations. For tribes, the assessments may be used to formulate a baseline to measure improvement and performance. Moreover, the Tribal Court Assessments are often a basis of one-time funding decisions made by TJS. The Assessments identify tribal codes, judicial decisions, and court profiles, which provide necessary due process for the litigants

1 25 U.S.C. § 3611 (a) 2 See: https://www.bia.gov/bia/ojs/tjshttps://www.bia.gov/bia/ojs/tjs

Thus, TJS is seeking multiple contractors to conduct Tribal Court Assessment for specific BIA Regions, with some modification based on State issues and PL 280 issues. The following is an outline of the Regions/Areas needing Tribal Court Assessments within the next 5 years.3, State of Alaska (P.L. 280) State of California including the States of Minnesota, Nebraska, Oregon, and Wisconsin

(P.L. 280) State of Oklahoma Eastern Region and Midwest Region (excluding Minnesota and Wisconsin) Great Plains Region (excluding Nebraska) and Southern Plains Region (excluding the

State of Oklahoma) Northwest Region (excluding Oregon) and Rocky Mountain Region Western Region Southwest Region Navajo Region Tribal Appellate Courts

3. SCOPE OF WORK

The scope of this effort is to provide contractual support to fulfill the statutory4 requirement by conducting Tribal Court Assessments throughout the United States, as outlined in the specific task section. The Tribal Court Assessment process includes an initial visit, on-site assessment, court assessment report, final presentation, follow-up visit, in-service training, monthly and quarterly progress meetings, and other special technical assistance and meetings as requested or required by TJS.

4. PERIOD OF PERFORMANCE

The period of performance for the IDIQ contracts is 5 years beginning on the date of award, with annual reviews by the Contracting Officer.

5. TYPE OF CONTRACT

This contract will be a multiple award Indefinite Delivery/Indefinite Quantity contract with Firm Fixed Price task orders placed against the contract.

6. PLACE OF PERFORMANCE

The in-person initial visit, on-site assessment, final presentation, and follow-up will be performed at the designated tribal court unless otherwise noted by TJS. The development of the report (court assessment report) will be performed in-house. The in-service training will be at the TJS offices or otherwise determined by TJS.

3 Map attached. Also see: https://www.bia.gov/sites/bia.gov/files/assets/public/webteam/pdf/idc1-028635.pdf 4 25 U.S.C. § 3611 et. al

7. REQUIREMENTS AND TASKS

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

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

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

• The third phase the contract will draft the tribal court assessment report and submit the draft to TJS within 90-days of the last day of the on-site visit.

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

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

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

8. REQUIREMENTS

The contractor must have experience working in and for tribal court(s), specifically familiar with the different cultures and languages. The contractor must also have in-depth knowledge of the relevant state and federal case law which impacts tribal courts and jurisdiction5. The contractor must be able to analyze how these cases affect the individual tribal court and how to address these issues within the assessment. The contractor must have knowledge of the specific challenges facing tribal justice systems and understand remedies which will create an effective justice system. The contractor must also be available to travel to the tribal justice systems located

5 Examples include: McGirt v. Oklahoma, Brackeen v. Bernhardt, Oklahoma v. Bosse, etc.

within the designated state, BIA region or court. In addition, specific contractor requirements for each area are as follow:

State of Alaska (P.L. 280) The contractor shall have experience working in and for tribal court(s) in Alaska;

specifically familiar with the Aleut, Inuit, Yup’ik, Tlingit, Eyak, Athabascan, Haida and Tsimshian languages and culture; specific knowledge of issues facing tribal justice systems located in P.L. 280 jurisdictions, with an emphasis on specific challenges facing tribal justice systems in Alaska. It is desirable for the contractor to have a relationship with Alaska villages and understand the diversity of needs within Alaska regions as well as understand the relationship between the non-profit corporations and the villages.

State of California including the States of Minnesota, Nebraska, Oregon, and Wisconsin (P.L. 280) The contractor shall have experience working in and for tribal court(s) in

California, Minnesota, Nebraska, Oregon, and Wisconsin; specifically familiar with the long term effects of the lack of criminal jurisdiction and civil ordinances, working with state and county officials, understand the importance of healing to wellness courts in a PL 280 jurisdiction, be familiar with local tribal languages and culture; specific knowledge of issues facing tribal justice systems located in P.L. 280 jurisdictions, with an emphasis on specific challenges facing tribal justice systems in mandatory P.L. 280 states. Knowledge of state and federal coordination is important in many instances. Contractor must have a familiarity with the local tribes, and an understanding of the local and regional issues affecting these jurisdictions.

State of Oklahoma The contractor shall have experience working in and for tribal court(s) in

Oklahoma; specifically, familiar with the local tribal languages and culture, as well as specific knowledge facing Oklahoma tribal justice systems. Most notably, an understanding of the jurisdictional effects of the McGrit ruling and Oklahoma Court of Appeals subsequent cases. The contractor must understand the jurisdiction challenges both criminal and civil and create a court assessment section identifying the new needs and data recovery. The contractor must also understand the state and local reactions to the McGirt decision.

Eastern Region and Midwest Region (excluding Minnesota and Wisconsin) The contractor shall have experience working in and for tribal court(s) within the

BIA regions; specifically, familiar with the local tribal languages and culture, as well as specific knowledge of challenges facing tribal justice systems located within the BIA region and states. Of note, the contractor must understand the trial justice systems in Michigan, and the process of working with the State.

Additionally, the contractor must understand, the varying tribal justice systems located east of the Mississippi. The contractor must have familiarity and contacts with the Tribes located in both Regions.

Great Plains Region (excluding Nebraska) and Southern Plains Region (excluding the State of Oklahoma) The contractor shall have experience working in and for tribal court(s) within the

BIA region; specifically, familiar with the local tribal languages and culture, as well as specific knowledge of challenges facing tribal justice systems located within the BIA region and states. Of particular note, the contractor must understand the history of the tribal justice systems in North and South Dakota, understanding the large land-based jurisdictions and challenges to access the justice systems. The contractor must have familiarity and contacts with the Tribes located in both Regions.

Northwest Region (excluding Oregon) and Rocky Mountain Region The contractor shall have experience working in and for tribal court(s) within the

BIA region; specifically, familiar with the local tribal languages and culture, as well as specific knowledge of challenges facing tribal justice systems located within the BIA region and states. Of particular note, the contractor must understand the effects of PL 280 in optional PL 280 jurisdictions and how the Tribes in Washington State are affected and understand the broad jurisdictional challenges.

Western Region The contractor shall have experience working in and for tribal court(s) within the

BIA region; specifically, familiar with the local tribal languages and culture, as well as specific knowledge of challenges facing tribal justice systems located within the BIA region and states.

Southwest Region The contractor shall have experience working in and for tribal court(s) within the

BIA region; specifically, familiar with the Tiwa, Tewa, Keres, Towa, Zuni, and Apache languages and culture, as well as specific knowledge of challenges facing tribal justice systems located within the BIA region and states. The contractor must understand the specific needs of the Pueblo culture and understand the specific needs of the Apache Tribes located within the region.

The contractor must have familiarity and contacts with the Tribes located in the region.

Navajo Region The contractor shall have experience working in and for the Navajo tribal court(s); specifically, familiar with the Diné language and culture, as well as specific knowledge of challenges facing tribal justice systems located within the BIA region and states. Contractor must understand the District Courts within the Navajo Nation, be admitted into the Navajo Nation Bar, and understand Navajo Nation Attorney General’s Office and Navajo Supreme Court and how each are funded.

Tribal Appellate Courts The contractor shall have experience working in and for tribal appellate court(s) and possibly state appellate courts; understand the clerk duties in preparing the trial record for the appellate court. The contractor shall be familiar with the creation of intertribal appellate courts, and how to address appeals from wellness courts. Finally understanding appellate procedure and knowledge of tribal appellate courts in existence.

8 . 1 SPECIFIC TASKS

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

Phase One (INITIAL VISIT): For a tribal court assessment to be initiated, a written request must be submitted to TJS from tribal leadership (or other tribal governing authority). Once the written request is received by TJS, the contractor, in coordination with the TJS Court Assessment Director and TJS Court Assessment Specialist, shall initiate and schedule the initial visit. During the initial visit, the contractor shall discuss the assessment process in person with key tribal court stakeholders and gather background information. The contractor may also secure key court related documents, such as codes, constitutions and other related items needed to assess the basic understanding of the tribal court. During this visit the contractor shall also schedule the on-site assessment visit.

Phase Two (ON-SITE ASSESSMENT): The contractor shall return to the tribal court on the scheduled multiple-day6 on-site visit. During this phase, the contractor is required to make appropriate contacts ahead of time to identify and schedule interviews with stakeholders and to work with TJS staff (if needed) to coordinate the efforts. At times, TJS may coordinate these interviews, however it is preferred that the contractor initiate these contacts. During the visit, the contractor shall secure key court documents, conduct court case file review, observe court proceedings, and conduct interviews to collect all relevant information. The contactor must follow the TJS template7 and TCPS standards8 and procedures. To effectively accomplish this task, it is encouraged the contactor create an agenda and in-house template to respond to the five performance areas identified in the TCPS. It is also encouraged that the assessment team meet immediately after the multiple-day visit (possibly on-site) to memorialize the findings and information. Note: In some instances, phase one and two may be combined depending on the size the size of the tribal court.

Phase Three (COURT ASSESSMENT REPORT): The contractor must submit a comprehensive completed draft of the tribal court assessment report to TJS within 90-days of phase two (multiple-day on-site visit); the assessment report shall be approximately 75 to 100 pages. The assessment report must follow the TJS template9 and include the summary of recommendations for which the tribe may use for a basic 3 to 5-year strategic plan.

During this phase, the TJS Court Assessment Director will review and provide comments to the completed draft assessment report for format, substance, and tone, 6 For some tribes and depending on the size of the tribal court, a one-day visit may be required. Otherwise, a 1-2 day visit is common.

7 Attached.

8 See: https://www.bia.gov/bia/ojs/tjshttps://www.bia.gov/bia/ojs/tjs 9 The TJS template includes table of contents, executive summary, introduction, methodology, tribal profile, tribal court profile, tribal court budget, five performance acres and a summary of recommendations followed by outside resources for tribal courts.

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

Phase Four (FINAL PRESENTATION): Once TJS has accepted and approved the final draft of the tribal court assessment report, TJS will send the report for print. During this time, the contractor shall initiate the scheduling of the in-person final presentation to the tribe’s leadership/council and court personnel. The printed reports will be sent to the tribe prior to the presentation. This phase will require the contractor to present the findings and recommendations of the assessment report to the tribe as well as discuss the possible strategic action plan the tribe may initiate base on the assessment. During the presentation, the contractor shall inform the tribe of all available resources, technical assistance and regional trainings specifically tailored to address the needs of their tribal court. If the tribe requests, the contractor shall assist the tribe in calculating, preparing, and justifying a one-time funding request to be submitted to TJS to address needs identified in the assessment report. The contractor may also be required to submit to TJS a list of potential recommend regional trainings specifically tailored to address the needs identified in the assessment report.

Phase Five (FOLLOW-UP VISIT): The contractor shall return to the assessed tribal courts determined by TJS after a 10 to 12-month period to complete a follow-up visit. TJS may require additional visits. During this visit, the contractor will assess whether the tribal court is implementing the recommendations articulated in the assessment report as well as identify the progress of the TJS funding provided. The follow-up visit will occur in the next option year of the assessed tribe. The contractor shall provide TJS a five-page (minimum) report of the follow-up assessment.

In-Service Training: The contractor shall be available to attend one (1) in-service training per year; dates and locations will be determined by TJS. The contractor may bring two

(2) team members. The in-service training may be multiple days. Travel for in-service training will be included in the contractor’s firm fixed price and will not be reimbursed separately.

Special Technical Assistance: An optional task. In special cases, as a result of the performance phases one to five, circumstances may arise which create a situation and an opportunity for TJS and its contractor to offer special technical assistance beyond those specifically identified and within the general mission and scope of TJS. The special circumstances will be handled on a case-by-case basis.

9. DELIVERABLES AND DELIVERY SCHEDULE

All written deliverable products shall be submitted in electronic draft format for the TJS Court Assessment Director’s review and comment. Final copies shall be delivered to the TJS Court Assessment Director five (5) working days after receipt of the Government’s comments.

Monthly Status and Progress Summary Report – The contractor shall prepare and submit Monthly Status and Progress Summary Reports10. The reports shall be forwarded to the TJS Court Assessment Director and TJS Court Assessment Specialist by the 5th calendar day of the month. The delivery schedule of this deliverable is outlined in the schedule below.

Phase I: Initial Visit – The contractor shall visit and conduct the initial visit of the designated tribal court in coordination with TJS. This visit shall be in-person or otherwise determined by TJS. The delivery schedule of this deliverable is outlined in the schedule below.

Phase II: On-site Assessment – The contractor shall visit and conduct the on-site assessment visit of the designated tribal court in coordination with TJS. This visit shall be in-person or otherwise determined by TJS. The delivery schedule of this deliverable is outlined in the schedule below.

Phase III: Tribal Court Assessment Report – The contract shall draft an assessment report of approximately 75 to 100 pages following the TJS template and TCPS standards and procedures.

The written draft shall be submitted in electronic format for review and comment to the TJS Court Assessment Director. The final draft shall be submitted in electronic format to the TJS Court Assessment Director. Electronic copies will be submitted in Microsoft Office format unless prior approval for another format has been obtained from TJS. The delivery schedule of this deliverable is outlined in the schedule below.

Phase IV: Final Presentation – The contractor shall return to the designated tribal court and conduct the final presentation of the report in coordination with TJS. This visit shall be in-person or otherwise determined by TJS. The delivery schedule of this deliverable is outlined in the schedule below.

Phase V: Follow-up Visit – The contractor shall conduct follow-up visit after a 10 to 12 month period after the assessment. The number of follow-up visit will differ for each state, BIA region and Court. See section 13 for more information.

In-service Training – The contractor shall attend in-service training. Time and located is determined by TJS.

Special Technical Assistance – The contractor shall conduct special technical assistance upon the request of TJS.

Monthly and Quarterly Status/Progress Call – The contractor shall participate in monthly and quarterly status and progress calls with TJS.

9.1 DELIVERY SCHEDULE

10 Template attached.

Item Due Date Acceptance Criteria

Monthly Reports 5th of each month.

Timely and 100% acceptance by the COR. The monthly report must follow the TJS template provided.

Initial Visit: Phase I As coordinated with TJS and the tribe.

100% acceptance by the COR via email with concurrence of the TJS Court Assessment Director and TJS Court Assessment Specialist.

On-site Assessment: Phase

II

As coordinated with TJS and the tribe.

100% acceptance by the COR via email with concurrence of the TJS Court Assessment Director and TJS Court Assessment Specialist.

Draft Tribal Court Assessment Report: Phase

III

Within 90 days of the On-site Assessment (Phase II).

Timely and 100% acceptance by the COR via email with concurrence of the TJS Court Assessment Director and TJS Court Assessment Specialist.

Final Presentation: Phase

IV

Within 60 days of the acceptance of the final tribal court assessment report from the COR.

Timely and 100% acceptance by the COR via email with concurrence of the TJS Court Assessment Director and TJS Court Assessment Specialist.

Follow-up Visit:

Phase V

After 10 to 12 months of the final presentation (Phase V).

100% acceptance by the COR via email with submission of a (minimum) 5-page report along with concurrence of the TJS Court Assessment Director and TJS Court Assessment Specialist.

In-service Training TBD by TJS. 100% attendance and participation of the contractor.

Special Technical Assistance (OPTIONAL: Upon request of TJS)

TBD by TJS. 100% attendance and participation of the contractor.

Monthly and Quarterly Status/Progress Calls

Monthly as coordinated with

TJS.

100% attendance and participation of the contractor

9.2 NOTICE REGARDING LATE DELIVERY

The contractor shall notify the COR, as soon as it becomes apparent to the contractor, that a scheduled delivery will be late. The contractor shall include in the notification the rationale for late delivery, the expected date for the delivery and the project impact of the late delivery. The COR will review the new schedule and provide guidance to the contractor. Such notification in no way limits the Government's right to any and all rights and remedies up to and including termination.

10. TASK ORDER PERSONNEL

The Contractor is responsible for providing personnel with the necessary level of expertise to support the task activities and requirements in this SOW. The contractor shall provide a single point of contact that shall serve as the project manager for the life of the Contract.

Key personnel proposed must include at a minimum a Project Manager and at least two (2) Team Members with a J.D. degree. Key personnel are expected to be dedicated to this effort and be available during the duration of the assessment. For each proposed key person, a resume is required. Specific key personnel requirements are as follow:

Project Manager (PM) – must have or possess a master’s degree, preferably a J.D. degree from an accredited University with a minimum of 5 years’ experience as a lawyer, or 5 years’ of significant experience in working with tribal governments and tribal courts, or have significant experience as a tribal judge, tribal administrator, prosecutor, civil attorney or public defender.

The PM must also have significant experience working with tribal governments and the ability to provide constructive criticism to tribal courts regarding difficult situations which arise in tribal courts. In addition, the PM must also have experience in conducting trial court assessment or trial court evaluation.

Team Member 1 – must have a J.D. degree from an accredited University with a minimum of 5 years’ experience as a lawyer, be an active member of the bar (any state jurisdiction), and have at least 5 years of significant experience in working with tribal governments and tribal courts, or have significant experience as a tribal judge, tribal administrator, prosecutor, civil attorney or public defender. The Team Member 1 must also have significant experience working with tribal governments and the ability to provide constructive criticism to tribal courts regarding difficult situations which arise in tribal courts. In addition, the Team Member 1 must also have experience in conducting trial court assessment or trial court evaluation.

Team Member 2 – must have a J.D. degree from an accredited University with a minimum of 5 years’ experience as a lawyer, be an active member of the bar (any state jurisdiction), and have at least 5 years of significant experience in working with tribal governments and tribal courts, or have significant experience as a tribal judge, tribal administrator, prosecutor, civil attorney or public defender. The Team Member 2 must also have significant experience working with tribal governments and the ability to provide constructive criticism to tribal courts regarding difficult situations which arise in tribal courts. In addition, the Team Member 2 must also have experience in conducting trial court assessment or trial court evaluation.

Team Member 3 – must demonstrate a minimum of 5 years of significant experience in working with tribal governments and tribal courts, demonstrate strong cultural awareness and knowledge, and demonstrate the ability to conduct research and provide constructive criticism to tribal courts.

10.2 RESUMES

The contractor shall provide a resume for each key personnel including all licenses and certificate proposed for the assessment team. All staff for which resumes are submitted will be considered key staff and dedicated to the assessment team if a contract is awarded.

11. QUALITY ASSURANCE AND MONITORING OF WORK DELIVERABLES

All work under this contract shall be monitored by the Program Office (TJS) or the COR, who will act as the primary technical representative of the Government. Final inspection and acceptance of all work performed, reports and other deliverables shall be performed at the place of delivery by the PO/COR.

The CO/COR, with the assistance of the other affected Project Managers, is responsible for:

• Setting task priorities, revising task priorities when necessary;

• Communicating these priorities to the contractor;

• With approval/task order modification from the Contracting Officer, modifying delivery dates and schedules, so that the revised priorities can be met, and

• Formally assessing the level of contractor performance and ascribing the extent to which quality assurance and acceptable performance levels have been met

11.1 GENERAL ACCEPTANCE CRITERIA

General quality measures as set forth below shall be applied to each work product received from the contractor under this statement of work.

• Accuracy - Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style. Work product must follow the Trial Court Performance Standards.

• Clarity - Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

• Consistency to Requirements - All work products must satisfy the requirements of this statement of work.

• File Editing - All text and diagrammatic files shall be editable by the Government.

• Format - Work Products shall be submitted in electronic form and in hard copy (where applicable). Format shall follow the specific assessment template provided.

• Timeliness - Work Products shall be submitted on or before the due date specified in this statement of work or as described in assigned tasks or submitted in accordance with a later scheduled date determined by or approved by the Government.

11.2 QUALITY ASSURANCE

The PO/COR shall review, for completeness, preliminary or draft documentation that the Contractor submits, and may return it to the Contractor for correction. Absence of any comments by the PO/COR shall not relieve the Contractor of the responsibility for complying with the requirements of this SOW. Final approval and acceptance of documentation required herein shall be by written approval and acceptance by PO/COR. The Contractor shall not construe any written acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this SOW. Any approval given during preparation of the documentation, or approval shall not guarantee the final acceptance of the completed documentation.

12. GOVERNMENT FURNISHED EQUIPMENT, GOVERNMENTFURNISHED

INFORMATION AND APPLICABLE DOCUMENTS

The Government will provide the contractor the Trial Court Performance Standard template which will be utilized to develop each tribal court assessment report. The Government will also provide all templates mentioned in this SOW.

13. REGIONS AND TRIBES

Area Serviced

Number of Assessment per

Period of Performance

Approximate Tribes/Courts located in the area

State of Alaska (P.L. 280) Minimum 12, Max 15 231

State of California including the States of Minnesota, Nebraska, Oregon, and Wisconsin (P.L. 280)

Minimum 8, Max 10 145

State of Oklahoma Minimum 4, Max 6 39

Eastern Region and Midwest Region (excluding Minnesota and Wisconsin) Minimum 4, Max 6 47

Great Plains Region (excluding Nebraska) and Southern Plains Region (excluding the State of Oklahoma)

Minimum 4, Max 6 20

Northwest Region (excluding Oregon) and Rocky Mountain Region Minimum 4, Max 6 43

Western Region Minimum 4, Max 6 50

Southwest Region Minimum 4, Max 6 24

Navajo Region Minimum 2, Max 3 14

Tribal Appellate Courts Minimum 1, Max 3 unknown

14. ESTIMATED LEVEL OF EFFORT

The Government anticipates the following estimated number of hours to complete a single tribal court assessment for each key personnel. The in-service only occurs once every period of performance.

Personnel Estimated Hours

Project Manager 100

Team Member 1 80

Team Member 2 80

Team Member 3 80

Administrative Assistant/Support 40

Total Labor Hours per Assessment 380

Other

In-Service Attendee 16

In-Service Attendee 16

15. POST AWARD ADMINISTRATION

The Contractor’s performance shall be evaluated in accordance with the contractor’s adherence to the requirements stated in the SOW. At a minimum, the Contractor’s performance shall be evaluated on an annual basis and at task order completion.

16. TRAVEL

Travel will be included in the firm fixed price task orders placed against the IDIQ contract.

17. ATTACHMENTS

1. Map of the BIA Regions

2. Monthly Status and Progress Report Template

3. TJS Template

New Stuyahok

Cherokee

Creek

Seneca-Cayuga

Quapaw

Wyandotte Ponca Otoe-

Missouria

Chickasaw

Cheyenne-Arapaho

Kiowa-Comanche- Apache-Fort Sill Apache

Iowa

Choctaw

Sa aF no d c x

Kaw

Pawnee

Seminole

Kaw/Ponca Eastern Shawnee

Miami Modoc

Ottawa

Peoria

Citizen Potaw tomi N aation- ASh bsa ew nnt ee ee

Tonkawa

Kickapoo

Miami/Peoria

Creek/Seminole

Kiowa-Comanche -Apache-Ft Sill Apache/ Caddo-Wichita-Delaware

Neah Bay

Everett Taholah

Aberdeen

Harlem

E B ld o e x r Plummer

Pablo Wapato

T N ow ew n Fort

Totten Red Lake

Portland Lapwai

Sault Sainte Mar ie

Siletz Pendleton

Ashland

Sp W ri a n r g m s

Billings

Sisseton

Eagl Butt e e

Fort Thompson

Fort Hall

Fort Washakie

Pi R ne idge

Redding

Winnebago

Elko

Washin gton, D

C

Fort Duchesne

Po H p i l ll a s r

Saint George

Dulce Shiprock

Miami

Lexing on- Faye t tte

T C u it b y a Pawhuska

Chinle

Pawnee Keams Canyon

Valentine Ohkay Owingeh

Crownpoint Gallup Muskogee

Laguna Albuquerque

Seminole Sp P r a in lm gs Parker Anadarko

Talihina Ada

Whiteriver Scottsdale

Ca S r a lo n s

Yuma Sacat C o o n olidge

Mescalero

Sells

Hollywoo d

Zuni Riverside

Concho

Seattle

Provid ence

Minneapolis

New Yo rk

Milwaukee

Detroit

Cleveland

Toledo

Philade lphia

Chicago

Rochest er

Baltimo re

Omaha Columbus

Indianapolis

Grand Rap ids

San Francisco Oakland

Denver

San Jose

Virginia

Beach

Des Moines

S L a o i u n i t s

Colorado Springs

Fresno

Raleigh

Wichita

Las Vegas Charlotte

Nashville

Tulsa

An L g o el s es Memphis

Oklahoma City Long Beach S

A a n n a ta

Atlanta

Di S e a g n o Mesa

Dallas Tucson Arlington F rt W o orth

Jacksonv ille

El Paso

Corpus Christi

Houston

Tampa An San tonio

Nespelem

Browning Wellpinit

Wagner

Toppenish

A C ge ro n w cy

Lame Deer

C C a i r t s y on

Towaoc

Ignacio

Fort Defiance

Phoenix

Aberdeen

Sacramento

Okmulgee

Shawnee

Miami

Baton Rouge

Spokane

Reno Sa C lt i L ty ake

Boise

Chattanoog a

Mobile

New Orleans

Jackson

Montgomer y

Birmingham

Cherokee

Knoxville

Ka C nsas ity

Greensbo ro

Little Rock

Shreveport

Richmon d

Saint Paul

Amarillo

Orlando

Fort Wayne

Cincinnati

Dayton

Pittsburg h

Buffalo

Spring field

Bosto n

Worce ster

Laredo

Austin

Lubbock

Horton

Philadelphia

Poplar

Ramah

Wagner

Cass Lake

Farmington

Northwest Region

Pacific Region

Western Region Southwest Region

Great Plai

Midwest Region Rocky Mountain Region

Eastern Oklahoma Region

Navajo Region ion

Eastern Reg ion

ALABAMA

ARKANSAS

ARIZONA

CALIFORNIA

COLORADO

CT

DE

FLORIDA

GEORGIA

IOWA

IDAHO

ILLINOIS

INDIANA

KANSAS

KENTUCKY

LOUISIANA

MASS

ACHU

SETTS

MD

MAIN

E

MICHIGAN

MINNESOTA

MISSOURI

MISSISSIPPI

MONTANA

NORTH C

AROLIN

A

TA NH

NJ

NEW MEXICO

NEVADA

NEW YORK

OHIO

OKLAHOMA

OREGON

PENNSY

LVANIA

RI

SOUTH C

AROLINA

TENNESSEE

UTAH

VIRGINIA

VERM

ONT

WASHINGTON

WISCONSIN

WEST VIR

GINIA

WYOMING

3 , 44 26 28 8 31 , 12 53 18 49 33 27 30

16 7 50

8 45

20 48 5 1

47 21

3 13 42

39 23

LAK

E S PERIOR

LA

KE

M

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LAKE HURON

LAK

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LAKE

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MEXICO

Metlak tla, Ann tt

Isl aand Res e erv ee

Eek

Elim

Knik

Atka

Eyak (Cordo va)

Ekuk

Sitka Kake

Unga

Ruby

Craig

Tetlin

Teller Minto

Eagle

Kiana

Anvik

Aniak

K tlik

Nome ircle

Telida

Wales

Huslia

Kaltag

Koyuk wigillingo

Nulato

Kobuk rl k

Togiak

Ekwok

Tangirnaq (Woody Island)

Nikolai

Egegik

Inupiat

Tazlina

Noatak

Beaver

Chilkat (Klukwa n)

Akhiok

Chitina

Kipnuk

A utan

Tatitlek Tyonek

Ambler Venetie

Newtok Chevak

Yakutat

Kasaan

Nenana

Paimiut

Eklutna

Council Hughes

Ga ona

Selawik

Chignik

Deering Chinik Eskimo Community (Golovin)

Noorvik

Nuiqsut (Nooiksut)

Hoonah

Takotna

Angoo n

Kivalina

Saxma n

Nikolski

Ugashik

Gambell

Dougla s Chilkoot

(Haines)

Afognak

Grayling McGrath

Rampart

Klawoc k

Tununak

Seldovia

Cantwell

Ke ai ze

Curyung

Ni n nilchik

Nunakauyarmiut

K K a ag u uyak

Kaktovik (Barter Isl and)

Ouzinkie

Stebbins

Diomede (Inalik)

Dot Lake

Chenega

Koyukuk

Platinum

Wrang ell

Solomon

Hamilton

Skagw ay

Unalas k ka

Alakanuk Shageluk

Belkofski

Kotzebue

Buckland

Point Lay

Perryville

Northway

Alek agik

Koliganek

Savoonga

Kokhanok

Evansville (Bettles Field)

Tanacross

Pedro Bay Nightmute Chefornak

King Cove

Pilot Point

Unalakleet Shakto o olik

Ivanoff Bay

Nap imute

Nunam Iqua

False Pass

Fort Yukon

Healy Lake

Sand Point

Old Harbor Manokotak

Point Hope

Chalkyitsik

Kwinhagak

Petersb urg Tuntutulia

Wainwright

Chickaloon

Chu a athbaluk

Birch C Creek

Port Heiden

K Kongigana k k k

Cheesh-N a Tribe ary's Igloo

Scammon Bay

Chignik Lake

Arctic Villa ge

Saint Michael

Chuloonawick

Portage Creek (Ohgsenakale)

Kluti Kaah (Copper C enter)

Pauloff Harbor

Brevig M Mission

Nelson Lagoon

Stevens Village White Mountain

Anaktuvuk Pass

Pribilof Islands Ale t Community of St. Pa u ul

Pribilof Islands Aleut Community of St. George

Mekoryuk

Atqasuk (Atkasook)

Hydabu rg

Ketch ikan

Tlingit and H aida

Gul k kana

Manley Hot Springs

Sal f

Allakaket

Kodi Port a L k ions

Larsen Bay Chignik Lagoon

Port Graham Nanwalek (English Bay)

Newhalen

Shungnak

King Island

Shishmaref

Barrow

Mentasta Lake

New Stuyahok

Clarks Point

Twi n n Hills

Goodnews Bay

Umkumiut

Hooper Bay

Emmonak

Bill Moore's Slough

Alaska Region

Fairbanks Agency

West Central Agency

ALASKA

REGIONAL OFFICE

Juneau Office

PACIFIC OCEAN

ATLAN

TIC OC

EAN

Yukon R

Ku sk okw in R d Orutsararmiut (Bethel) Napaskiak

Kwethluk Akiachak

Akiak

Tuluksak

Kalskag

Inset 1

GULF OF MEXIC

O

GULF OF

ALASKA

RUSSIA

CANA

DA

BERING SEA

µ Inset 2 µ

BEAUFORT SEA

CUBA

132°W 131°W 130°W 129°W 128°W 127°W 126°W 125°W 124°W 123°W 122°W 121°W 120°W 119°W 118°W 117°W 116°W 115°W 114°W 113°W 112°W 111°W 110°W 109°W 108°W 107°W 106°W 105°W 104°W 103°W 102°W 101°W 100°W 99°W 98°W 97°W 96°W 95°W 94°W 93°W 92°W 91°W 90°W 89°W 88°W 87°W 86°W 85°W 84°W 83°W 82°W 81°W 80°W 79°W 78°W 77°W 76°W 75°W 74°W 73°W 72°W 71°W 70°W 69°W 68°W 67°W 66°W 65°W 64°W 63°W

48°N

46°N

47°N

CANADA 45°N

46°N

44°N

45°N Belcourt

U 43°N

44°N

42°N

NORTH DAKO

43°N

Fort Yates

42°N

41°N

SOUTH DAKOTA

Lower Brule

40°N

41°N

40°N

Rosebud

39°N

39°N ns Reg

NEBRASKA

ion 38°N

38°N

37°N

37°N

36°N

36°N

35°N

34°N

35°N

33°N

34°N

33°N

32°N

Caddo-Wichita-Delaware

IDFederallyRecognized Tribal Entity * Absentee-Shawnee Tribe of Indians of Oklahoma 1

Alabama-Quassarte Tribal Town 2 Apache Tribe of Oklahoma 3 Aroostook Band of Micmacs 4 Caddo Nation of Oklahoma 5

Cayuga Nation 6 Cherokee Nation of Oklahoma 7

Cheyenne and Arapahoe Tribes, Oklahoma 8 Comanche Nation, Oklahoma 9

Cowlitz Indian Tribe 10 Delaware Nation, Oklahoma 11

Eastern Shawnee Tribe of Oklahoma 12 Fort Sill Apache Tribe of Oklahoma 13 Houlton Band of Maliseet Indians 14

Ione Band of Miwok Indians of California 15 Iowa Tribe of Oklahoma 16

Jena Band of Choctaw Indians 17 Kaw Nation, Oklahoma 18 Kialegee Tribal Town 19

Kickapoo Tribe of Oklahoma 20 Kiowa Indian Tribe of Oklahoma 21 Koi Nation of Northern California 22 Mashpee Wampanoag Tribe 23

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan 24 Mechoopda Indian Tribe of Chico Rancheria, California 25

Miami Tribe of Oklahoma 26 Otoe-Missouria Tribe of Indians, Oklahoma 27

Ottawa Tribe of Oklahoma 28 Pamunkey Indian Tribe 29

Pawnee Nation of Oklahoma 30 Peoria Tribe Indians of Oklahoma 31

Pokagon Band of Potawatomi Indians, Michigan and Indiana 32 Ponca Tribe of Indians of Oklahoma 33 Sac & Fox Nation, Oklahoma 34

Samish Indian Nation 35 San Juan Southern Paiute Tribe of Arizona 36

Seneca-Cayuga Nation 37 Shawnee Tribe 38

Shinnecock Indian Nation 39 Snoqualmie Indian Tribe 40 Tejon Indian Tribe 41

The Chickasaw Nation 42 The Choctaw Nation of Oklahoma 43 The Modoc Tribe of Oklahoma 44 The Muscogee (Creek) Nation 45 The Quapaw Tribe of Indians 46

The Seminole Nation of Oklahoma 47 Thlopthlocco Tribal Town 48

Tonkawa Tribe of Indians of Oklahoma 49 United Keetoowah Band of Cherokee Indians in Oklahoma 50

Wampanoag Tribe of Gay Head (Aquinnah) 51 Wichita and Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), Oklahoma 52

Wyandotte Nation 53

32°N

31°N

31°N

30°N

30°N

29°N

Southern Plains Reg 29°N

28°N

165°E 170°E 175°E 180° 175°W 170°W 165°W 160°W 155°W 150°W 145°W 140°W 135°W 130°W 125°W 120°W 115°W

TEXAS

28°N Scale 1:2,850,000

0 10 20 30 40 Miles

65°N Asa'carsarmiut Tribe

Ohogamiut

Algaaciq (St. Mary's) Pilot Station Holy Cross

Pitka's Point Marshall (Fortuna Ledge) Andreafski Iqurmuit

Lower Kalskag

Nunapitchuk Kasigluk Atmautluak

27°N

65°N

27°N

Bai I ln r et

Inset 1

Oscarv Napaki ille ak

60°N

Alatna

BUREAU OF INDIAN AFFAIRS

DEPARTMENT OF THE INTERIOR

OFFICE OF TRUST SERVICES

JUNE 2016

Legend y Recogn

Alaska Native Vill Federall ized Tribal Entity *

Public Domain Al age otment

Scale 1:935,000 0 4 Miles

RegiNative Entities in Alaska akatla, Anne Northwest

0 125 Scale 1:9,750,000

250 375 500 Kilometers

0 125 250 375 500 Mil

Inset 2 sland Reserve ACKNOWLEDGEMENTS Metlakatla

Metlakatla Trust Services:

DAnnette Agency ivision of Wat Division of Land T

Metl I on tte or requ endorsemen this map. This map and re for illustrative and ref used, and i t purposes. Any use o ated informa i s not in ired credi t by t or survey, eng f trade or product names is for descri t acknowledgement only and does not imp erence purposes on ended f i on are prepared str ly and should no be neering or naviga e o i t ly he United States Government on ptive l ti

!( y Amer Cit da Upda are sub onal Office Natura 4,250,000 valid onl

USE CONSTRA

t o Federa ect

Scale of 1:

a and Maps" 2008;

Oklahoma Tribal Statistical Area: Census Bureau (TIGER) dat Eastern Regi l Resources Depart t y when he map page

PROJECTION INFORMATION:

All data except the (Alaska Inset) are projected to:

Lambert Azimuthal Equal Area Longitude of projection center: 100o West (150o West) Latitude of projection center: 45o North False easting and northing: 0.0

DATA SOURCES:

1:10M Satellite-derived land cover data and shaded relief with ocean bottom data from NaturalEarthData.com 2015;

American Indian Reservation data last updated in 2005 from US Census data and USGS 1:24,000 topographic maps;

"ESRI Dat

Gal Tanana t men is 32 a, " X 47" t j a presen es t

I to upda ted is the most current avail l t t ab Land Boundary Da inuous basis, the le as of the da

55°N

Crooked Creek Georgetown Red Devil Stony RiverSleetmute

Lime V ena (Louden

ALASK

A

26°N

25°N26°N

25°N

Nondal Iliamna illage ton

NTS AND REFERENCES

lly Recognized Tribal te by the BIA on a con ta t f ct

Indian Lands of Federally Recognized Tribes United Statesof the ican Indian Reservation

Oklahoma Tribal Statistical Area Trust or Restricted Fee y Lake ng Sa Naknek South

Leve Ki

Igi lock ugig lmon

Naknek Kanatak

Branch of Geospatial Support BIA Regional and Land Titles and Records O er and Power, itles and Records

Scale 1:4,250,000 Swamp River a ma t tof

24°N

60°N

23°N24°N

22°N23°N !(

55°N

22°N 21°N

21°N 20°N

20°N 19°N

121°W 120°W 119°W 118°W 117°W 116°W 115°W 114°W 113°W 112°W 111°W 110°W 109°W 108°W 107°W 106°W 105°W 104°W 103°W 102°W 101°W 100°W 99°W 98°W 97°W 96°W 95°W 94°W 93°W 92°W 91°W 90°W 89°W 88°W 87°W 86°W 85°W 84°W 83°W 82°W 81°W 80°W 79°W 78°W 77°W 76°W 75°W

0 250 500 750 1,000 Kilome §̈¦ters Interstate es ffices 0 125 250 375 500

Mi

* 50°N

175°W 170°W 165°W 160°W 155°W 150°W 145°W 140°W 135°W 130°W 50°N us les Does not have land held in trust or restricted fee stat l http:NaturalEarthData.com

MONTHLY REPORT

Tribal Court Assessment Program

Vendor: Contract No.

Team Lead: Date Report

Submitted:

Email: Dates Covered:

Vendor Address:

Option Year 4 At-A-Glance: District: -

Input Tribes in your "Assessment Queue." If all your slots have not yet been filled, leave line blank.

Tribe OY4-1

Tribe OY4-2

Tribe OY4-3

Tribe OY4-4

Tribe OY4-5

Tribe OY4-6

Deliverables pending from previous Base and Option Year's:

Vendor Monthly Report

Tribe

OY4-1:

Check all that apply:

Initial Meeting complete Date:

Onsite visit completed Date:

Draft Report Submitted to TJS Date:

Report approved; final Presentation pending Date:

Final Presentation completed Date:

Notes:

OY4-2:

apply:

Initial Meeting complete Date:

Onsite visit completed Date:

Draft Report Submitted to TJS Date:

OY4-3:

apply:

Initial Meeting completed Date:

Onsite visit completed Date:

Draft Report Submitted to TJS Date:

OY4-4:

apply:

Initial Meeting completed Date:

Onsite visit completed Date:

Draft Report Submitted to TJS Date:

OY4-5:

apply:

Initial Meeting completed Date:

Onsite visit completed Date:

Draft Report Submitted to TJS Date:

OY4-6:

apply:

Initial Meeting completed Date:

Onsite visit completed Date:

Draft Report Submitted to TJS Date:

Outreach Efforts:

Vendor Contracting

Inquiries:

Other:

Include anything not captured elsewhere.

[insert TRIBE]

TRIBAL COURT ASSESSMENT

[Tribal photo or logo]

[city, state]

Initial Meeting: [insert date of initial meeting]

On-Site Assessment: [insert date of on-site assessment]

Report Date: [insert date report completed]

Prepared by: [Vendor Organization Title] [insert Assessment Team participants]

[Name of Tribe] Tribal Court Assessment i

TABLE OF CONTENTS

[Name of Tribe] Tribal Court Assessment ii

EXECUTIVE SUMMARY

INTRODUCTION

ACCESS TO JUSTICE

EXPEDITION AND TIMELINESS

EQUALITY, FAIRNESS, AND INTEGRITY

INDEPENDENCE AND ACCOUNTABILITY

SPECIFIC FINDINGS AND NEEDS OF THE [INSERT] TRIBAL COURT

SUMMARY OF RECOMMENDATIONS

[Name of Tribe] Tribal Court Assessment iii

Disclaimer Tribal court assessments are conducted by an independent non-Federal entity (“Assessment Team”) pursuant to 25 U.S.C. § 3612. The assessment is a snapshot of a tribal court in that particular moment and time. An assessment report is for informational purposes only and intended for the use of the respective Tribe and its Court.

The Findings and Recommendations of the Assessment Team, a non-Federal entity, are designed to formulate a strategic action plan for a Tribal Court; and do not bind the Federal Government. One-time funding requests are dependent upon availability of budget.

[Name of Tribe] Tribal Court Assessment 1

I. INTRODUCTION

II. MANDATE AND METHODOLOGY

A. Performance Standards

B. Interviews

C. Prior Court Assessments

III. [NAME OF TRIBE] TRIBAL PROFILE

IV. [INSERT TRIBE] TRIBAL COURT PROFILE

A. History and Jurisdiction

i. Public Law 280 (if applicable)

ii. Criminal Jurisdiction for Tribes in Alaska (if applicable)

iii. [Tribe Name] Constitution

B. Tribal Code, Court Rules, and Administrative Orders

C. Tribal Court Facility

D. Tribal Court Personnel

E. Tribal Court Statistics

V. FUNDING AND BUDGET PROFILE

[Name of Tribe] Tribal Court Assessment 2

VI. TRIBAL COURT REVIEW PERFORMANCE AREAS

Performance Area 1

Performance Area 2

Performance Area 3

Performance Area 4

Performance Area 5

VII. SUMMARY OF RECOMMENDATIONS/STRATEGIC ACTION PLAN

VIII. FEDERAL FUNDING RESOURCES FOR TRIBAL COURTS

IX. APPENDIX