DJO-OCR-17-F-0030.pdf

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* = Required Field FedBizOpps Sources Sought Notice Rev. March 2010

R

Expert Statistician Services - Civil Right Compliance Reviews

20531

DJO-OCR-17-F-0030

01-06-2017

N

541611

US Department of Justice DOJ, Office of Justice Programs Acquisition Management Division 810 7th Street, N.W.

Washington DC 20531

Debashis Nag, Contract Specialist USDOJ Office of Justice Programs 810 7th Street, N.W. Room 3610 Washington, DC 20531 (202)616-1705 Direct | (202)354-4154 Fax debashis.nag@usdoj.gov

US Department of Justice Office of Justice Programs Office for Civil Rights 810 7th Street, N.W.

Washington, DC

20531

USA

http://ojp.gov

US Department of Justice, Office of Justice Programs debashis.nag@usdoj.gov

DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS (OJP)

OFFICE FOR CIVIL RIGHTS

EXPERT STATISTICIAN SERVICES - CIVIL RIGHT COMPLIANCE REVIEWS

This Request for Information (RFI) is being released pursuant to the Federal Acquisition Regulations (FAR) Part 10 Market Research. The information collected through the process is considered to be market research as described by FAR 2.101 and in accordance with FAR 10.002. This is NOT a Request for Proposals (RFP), and nothing shall be construed herein or through the Sources Sought process to commit or obligate the Government to further action. In addition, vendors responding to this RFI shall bear all risks and expenses of any resources used to provide the requested information. The submission of capability information in response to this market survey is purely voluntary.

The Office of Justice Programs (OJP), Office for Civil Rights (OCR), United States Department of Justice (DOJ) ensures that recipients of federal financial assistance from OJP, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing (COPS) comply with civil rights laws that prohibit discrimination in both recipients’ delivery of services or benefits and employment. The OCR exercises its enforcement authority by both investigating complaints from the public and initiating affirmative reviews to ensure that recipients do not use federal funds in an unlawful discriminatory manner. As part of its efforts to address prohibited discrimination, the OCR is undertaking a series of reviews to evaluate whether the funded recipients’ imposition of monetary penalties by levying fees and fines has an unlawful disparate impact. The OCR is also in the process of addressing complaints that allege that certain recipients set bail in a manner that has an unlawful discriminatory impact.

Concurrently, the OCR is reviewing the recruitment, hiring, retention, and promotion policies, procedures, and practices of law enforcement agencies and other recipients of federal financial assistance (“recipients”) to determine whether they adversely impact applicants and employees of certain protected classes.

To assist the OCR in conducting these reviews, it needs to consult with various subject-matter experts, specifically experts skilled in statistical analysis of employment data.

The applicable North American Industry Classification System (NAICS) code assigned to these proposed services is 541611. The anticipated contract type is Time & Material. The anticipated period of performance is a base year plus one (1) option year commencing March 1, 2017. The anticipated place of performance will include some on-site work at OCR at 810 7th Street NW, Washington DC 20001, as well as the Contractor’s site and field locations.

Background:

The OCR’s enforcement authority arises from several nondiscrimination statutes and regulations that require recipients to adhere to particular civil rights requirements. The following statutes and regulations prohibit recipients from engaging in certain types of employment discrimination:

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

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

The Violence Against Women Act (VAWA) of 1994, as amended, which prohibits discrimination on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in programs authorized under VAWA (42 U.S.C. § 13925(b)(13));

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

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

Section 504 of the Rehabilitation Act, as amended, which prohibits discrimination on the basis of disability in OJP- and COPS-funded programs or activities (29 U.S.C. § 794 and 28 C.F.R. § 42.501 et seq.);

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

pt. 35); and

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

Scope:

The role of the Contractor is to receive varying assignments from OCR and participate in a subject matter expert role as part of a team to investigate, analyze, and resolve allegations of discrimination and to conduct civil rights compliance reviews, including but not limited to matters handled by OCR involving disparate impact and pattern-or-practice services discrimination issues. To achieve the intended operating results, the Contractor must be able to demonstrate the ability to provide a person or person(s) possessing a Doctorate in Statistics or Economics and have verifiable expertise applying statistics to issues related to civil rights compliance

The expert consultant must be familiar with the legal standards that apply to disparate impact claims under Title VI and Title VII and have experience serving as a retained expert in litigation matters that required him/her to prepare reports, declarations, or affidavits and to defend their analyses and opinions during discovery and at trial or in administrative hearings

Services:

The following are all concurrent tasks, and additional concurrent tasks may be added. The contractor may be required to:

TASK AREA 1: STATISTICAL ANALYSIS:

Work as part of a team to investigate, analyze, and resolve allegations of discrimination and to conduct civil rights compliance reviews, including but not limited to matters handled by OCR involving disparate impact and pattern-or-practice services discrimination issues. For each assignment, determine the nature and scope of statistical analyses required, including appropriate time, geographic, and population parameters; perform complex statistical analyses to determine whether representation of groups affected by a justice system, school district, or social service policy or practice significantly differs from expected representation based on census, education, or other comparative data; consult with OCR attorneys and other staff regarding statistical analyses and issues arising in investigations and other matters. Assist attorneys in preparing data requests.

TASK AREA 2: REPORTING:

For each agency review assigned by the OCR, the statistician consultant will produce a detailed written report, including tables and other supporting documentation, detailing any instances of disparate impact discovered during the expert’s analysis. The statistician consult will suggest possible steps for remedying the disparate impact, and procedures for monitoring compliance with the recommended remedies.

These reports will contain statistical analyses in formats and language understandable to individuals having varying degrees of understanding (managers, attorneys, and program analysts). The final expert report will may be a publically available document.

TASK AREA 3: PRESENTATION OF ANALYSIS AND FINDINGS:

For each agency review assigned by the OCR, the statistician consultant will present a summary of his/her analysis and findings via written, oral, or testimonial means to the OCR staff and potentially in administrative or court proceedings.

Respondents to this RFI shall provide the following information:

a) Vendor background summary including, contractor name, address, DUNS, point of contact information, email, phone, website address, small business designation, and any GSA schedule number.

b) Tailored capability statements addressing the particulars of this effort, with appropriate documentation supporting claims of organizational and staff capability. If subcontracting or teaming is anticipated in order to deliver technical capability, organizations should address the administrative and management structure of such arrangements.

c) Past Performance - Provide a list of previous contracts where similar services were provided. Provide customer/Government Agency contact information where these services were provided including: contact name and organization, telephone number, and email address.

The Government will evaluate market information to ascertain potential market capacity to provide services consistent in scope described in this notice and otherwise anticipated.

Telephone inquiries will not be accepted or acknowledged, and no feedback or evaluations will be provided to companies regarding their submissions. Interested vendors should monitor a government point of entry site for further information.

Submission Instructions: Interested small business vendors who consider themselves qualified to perform the above-listed services are invited to submit a response to this RFI Notice by Friday, January 6, 2017 at 1:00PM EST. All responses under this RFI Notice must be emailed to debashis.nag@usdoj.gov.