DOJ___Continuing_Legal_Education_CLE_RFI .pdf

There are 2 services required from 1 vendor. Please see the 2 Tasks below.

Task#1 of 2

CONTINUING LEGAL EDUCATION ONLINE PROGRAMMING SERVICES

STATEMENT OF WORK

1.0 PURPOSE.

To provide online continuing legal education (CLE) programming services to Department of Justice (DOJ) and selected other personnel in order to meet CLE credit requirements.

2.0 BACKGROUND.

2.1 The Executive Office for United States Attorneys (EOUSA) is an office within DOJ.

EOUSA provides general executive assistance and supervision to the 94 Offices of the United States Attorneys (USAOs).

2.1.1 One of the major functions of EOUSA is to supervise the operation of the Office of Legal Education (OLE), a component of EOUSA responsible for coordinating legal education and attorney training for DOJ and other departments and agencies of the Executive Branch. OLE’s target audience also extends to Indian tribal governments, as well as some state and local government personnel.

2.1.2 OLE operates a residential training facility at the Ernest F. Hollings National Advocacy Center (NAC), located on the campus of the University of South Carolina (USC) in Columbia, South Carolina. The NAC houses classrooms, guest lodging, a dining facility, and a television studio. As needed, OLE also conducts off-site training on a regional basis and in Washington, DC.

2.1.3 In addition to residential classroom training, OLE produces and distributes distance education programs, including videos-on-demand, satellite television, interactive videos, live webinars, recorded webinars, live video teleconferences, podcasts, training websites, online courses, and print materials.

2.1.4 Among OLE’s staff is the Justice Television Network (JTN) and Media Services Team, which operates a satellite-based television network that provides training to hundreds of locations, including all 94 USAOs and the DOJ components. Annually, JTN airs hundreds of programs through its weekly broadcasts. Additionally, the JTN and Media Services Team produces videos to populate OLE’s video library, which is viewable on demand through DOJ’s electronic Learning Management System (LMS), known as learnDOJ. LearnDOJ is accessible by most DOJ components and USAOs and is available via the internet. It functions as a virtual training system, integrating various training technologies, such as Adobe Connect.

2.1.5 OLE also has a Publications Team that edits legal desk books for federal legal personnel, and it develops and maintains DOJBook, an online legal resource available on the DOJ intranet that includes all OLE publications. Currently, the DOJBook website experiences over a million page views annually. DOJBook also contains video-on-demand content that can be accessed directly through the DOJBook website, although not for CLE credit.

2.1.6 OLE has been an accredited CLE provider for many years for OLE-sponsored training. It is a major provider of CLE credit for DOJ attorneys and other attorneys who participate in OLE-sponsored training. Training for which CLE credit is currently available extends to –

2.1.6.1 Residential training events conducted at the National Advocacy Center and other select locations nationwide;

2.1.6.2 Co-sponsored training events conducted at USAOs nationwide, EOUSA, DOJ Litigating Divisions, and other DOJ offices; and

2.1.6.3 USAMeetings and webinars conducted by the Office of Legal Education (OLE) for which CLE credit is sought.

2.1.7 Despite the variety of OLE-sponsored training, OLE does not have the capability to provide on-demand CLE programming, an important service for attorneys who are unable to attend our live courses at the NAC. Hence, OLE-sponsored training is insufficient to meet the CLE needs of DOJ attorneys. As a result, OLE has for several years contracted for online and on-demand CLE training through commercial vendors to help fill the CLE programming gap.

2.1.8 This Statement of Work is for the purpose of helping to fill the CLE training gap by contracting with commercial vendors for online CLE programming.

3.0 SCOPE OFWORK.

The annual subscription shall include:

3.1 The vendor will provide a comprehensive, online library of CLE programming designed to meet the various state and jurisdictional CLE requirements. All proposed programming must have the following capabilities:

3.1.1 The online library must be sufficiently large in scope, content, and diversity to meet the various state, jurisdictional, and other CLE requirements. This includes providing content in a wide variety of practice areas spanning all learning levels.

3.1.2 The online library must also contain a large and robust mixture of various types of online accessible training, including, but not limited to, videos-on-demand, live and recorded webinars, live and recorded audio, and interactive computer-based training.

3.1.3 Programming should be current and must keep pace with rapid changes in the law, including coverage of emerging legal trends.

3.1.4 Vendor must provide regular, live webcasts and other live, online training each month sufficient to meet the continuing education requirements in states and jurisdictions that require live training, to the extent the live training requirement can be met with online training.

3.1.5 Vendor must employ user-friendly, electronic methods that allow easy access and easy, intuitive, user manipulation in order to complete the programming.

3.1.6 Vendor must provide users access to DOJ-produced training materials made available to the vendor through EOUSA/OLE. This includes training on DOJ-specific topics. Vendor will host DOJ-produced training programs and materials as part of the contract services and limit access according to OLE’s guidance. Vendor must host up to 100 hours of DOJ-produced programming at any given time.

3.1.7 Where content on DOJ electronic systems has been created in a format currently eligible for CLE credit, Vendor will coordinate the addition of such programming under the in-house hosting service available under paragraph 3.1.7. Vendor will ensure that the course vending, completion, and tracking meets the requirements of state MCLE agencies, as well as meets any other required regulatory safeguards. Vendor must provide for a customized user interface, along with a specialized link to DOJ-produced programs and materials for which only approved DOJ-authorized users are allowed access. Vendor must track completions and be available for integration with the DOJ’s Learning Management System (learnDOJ). Vendor must work to support any additional authentication for access to DOJ systems (e.g., DOJBook, learnDOJ) provided.

3.1.8 Vendor must work collaboratively with EOUSA/OLE to aggressively publicize the online CLE programming to the target audience, including publication through internal media and through the vendor external resources.

3.1.9 Vendor must provide clear, well-designed, and well-timed instructions explaining and/or demonstrating how to access, use, and complete the online CLE programs. This includes developing and distributing user’s guides to the extent required to ensure users fully understand how to use this online CLE resource.

3.1.10 Vendor must provide access to CLE programming 24 hours a day, 7 days a week (24/7), from any location using any computer with internet access, subject to DOJ and other reasonable security limitations.

3.1.11 Provide toll-free, “help desk” services on a live or call-back basis, available 24/7, to address any inquiries or issues regarding access, use, or completion of online CLE programs. Live or call-back responses must be provided not later than 24 hours after receipt of the request for assistance.

3.1.12 Vendor must provide electronic access to Certificates of Completion at the completion of the online CLE programming. Such certificates should be sufficient to be used by attorneys to report CLE credit to self-reporting states and jurisdictions. These certificates must be electronically stored and available to print or download anytime at the user’s convenience 24/7.

3.1.13 Vendor must provide a dedicated project or account manager to serve as the principal point of contact for the contracted services and be responsible for maintaining regular contact with OLE and responding to OLE training and administrative needs under the contract. This includes serving as liaison on technical matters and system functionality, and also providing advice on system changes, hot topics, and best practices.

3.1.14 Vendor must create and electronically track CLE records of DOJ-authorized users who participate in the online CLE programming, and must maintain such records and make them electronically available to such users for a period of at least 10 years, including limited availability to those training participants with no continuing affiliation with certain components of DOJ.

3.1.15 Vendor must process CLE credits for DOJ-authorized users. Among other things, “processing” includes reporting the training to the states, jurisdictions, and other governing bodies from which the users seek CLE credit, where permissible and consistent with CLE reporting rules and practice.

3.1.16 Vendor must be able to process an unlimited number of DOJ-authorized users of CLE online programming. The term “DOJ-authorized users” includes all persons granted permission by appropriate DOJ training officials to have access to DOJ training and programming. This may include persons from other federal and state agencies, offices, entities, and federal Native American tribes, and may occasionally, albeit rarely, include personnel from the private sector granted special permission. The term “DOJ-authorized users” does not include persons employed by federal agencies and offices with independent commercial contracts for online CLE programming services (e.g., U.S. Drug Enforcement Administration; U.S. Marshals Service; U.S. Federal Bureau of Investigation; U.S. Federal Bureau of Prisons; Executive Offices for U.S. Trustees, U.S.

Trustee Program; U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the U.S. Executive Office for Immigration Review).

3.1.17 Vendor must be able to provide a report of completed CLE training that can be electronically incorporated into the DOJ’s current and future Learning Management System (LMS). For example, vendor must be capable of incorporating completed CLE training into the learning history of DOJ personnel with user accounts in the LMS.

3.2 Vendor will provide the following administrative assistance in support of the CLE online programming services and shall:

3.2.1 Acquire and maintain active status as an accredited CLE provider in mandatory CLE states and jurisdictions or, alternatively, enable compliance with mandatory CLE requirements by all DOJ-authorized users with mandatory CLE requirements.

3.2.2 Know, understand, and stay abreast of all CLE rules for all mandatory CLE states and jurisdictions.

3.2.3 After completion of the online CLE programming, make all necessary arrangements with CLE states and jurisdictions, and take all administrative actions necessary, to obtain CLE credit for DOJ-authorized personnel who participated in the online training and who seek CLE credit.

3.2.4 Make live, recorded, and/or print training available to DOJ-authorized users to instruct them on how to access, use, and complete the CLE online programming.

3.2.5 Work with EOUSA/OLE to confirm within 48 hours (or less) the eligibility of DOJ-authorized users for online CLE services (i.e., access licenses), to provide access to eligible personnel within 3 business days (or less) after confirmation of eligibility, to regularly and periodically determine when eligibility expires (i.e., license expiration), and to remove ineligible personnel from access to such online CLE services within 30 calendar days of notice of ineligibility from EOUSA/OLE (except for access to individual historical CLE records).

3.2.6 Respond within 5-6 business days to DOJ requests for CLE statistical data regarding online CLE programming usage by DOJ-authorized users, and submit monthly, statistical usage reports.

3.2.7 Prepare monthly and annual CLE statistical, end-of-year reports of online CLE programming usage by DOJ-authorized users. End-of-year reports will include both calendar and fiscal years.

3.3 The vendor will host on its online library of CLE programs certain video content developed by the DOJ Professional Responsibility Advisory Office (PRAO). The Government will provide vendor with this video content (hereinafter referred to as "PRAO videos"). In transferring PRAO videos to the vendor, the Government will clearly mark and/or refer to such content as "PRAO videos." Vendor will upload the PRAO videos to its online library of CLE programs and limit access to these PRAO videos to current DOJ attorneys only. Should vendor learn of any unauthorized access to PRAO videos by individuals other than DOJ attorneys, vendor will notify the Government of such unauthorized access as soon as reasonably possible, except that access may be provided at any time to such employees of the vendor as is reasonably necessary to perform the video hosting functions. In determining access rights to PRAO programs, vendor may rely on Government submission of the names of current DOJ attorneys authorized access to PRAO videos. Vendor will have no affirmative responsibility to conduct audits to determine the accuracy of the list supplied by the Government of DOJ attorneys authorized access to PRAO videos.

Task #2 of 2

ADMINISTRATIVE PROCESSING OF CLE CREDITS

STATEMENT OF WORK

1.0 Purpose

Continuing Legal Education (CLE) credit is required for most attorneys to maintain their licenses to practice law, including attorneys employed by the Department of Justice (Department). The Office of Legal Education (OLE) processes CLE credit for attorneys who participate in OLE-sponsored training. OLE seeks a vendor capable of administratively processing CLE credit for the thousands of attorneys who participant in OLE-sponsored training annually. The vendor must develop and use a CLE processing system that leverages modern technology and paperless processing to render services that are accurate, reliable, efficient and timely. The CLE processing system must also be easily and readily accessible, simple to use, and have a very substantial capacity to store CLE data.

2.0 Background

OLE has been an accredited CLE provider for many years for OLE-sponsored training. Training for which CLE credit is available extends to –

● Residential training (training conducted at the National Advocacy Center (NAC) or conducted at a remote location by OLE staff)

● CLE training broadcast on Justice Television Network

● Co-sponsored training conducted by U.S. Attorneys’ Offices (USAOs), Executive Office for U.S. Attorneys (EOUSA), and Department of Justice (DOJ) Litigating Divisions

Providing CLE credit for OLE-sponsored training involves substantial administrative processing, both on the front end and the back end of the training. Until May 2015, CLE processing at OLE was a paper-driven, time- and labor-intensive process that required two full-time employees, plus part-time assistance from a contract employee. The process was outdated, slow, and sorely in need of modernization. Since May 2015, the system has been modernized by employing information technology for all phases of the administrative process, resulting in a more efficient system that simplifies and accelerates the process of applying for, receiving, storing, and accessing CLE credit.

3.0 Scope of Work

The vendor will develop and implement a state-of-the-art CLE administrative processing system that will encompass the following capabilities:

3.1 Employ user-friendly, electronic methods that allow course participants to report and apply for CLE credit online.

3.1.1 Employ a system for calculating and reporting the number and types of CLE credits (e.g., general CLE, ethics, professionalism, etc.) as required by CLE states.

3.1.2 Employ a system for calculating and reporting the number and types of CLE credits for attorneys who serve as instructors during training events. In many states and jurisdictions, instructor CLE credits are calculated and reported differently than credits for mere participation in the training.

3.1.3 Not later than 45 days after conclusion of the training event, issue Certificates of Attendance or make such certificates available online to training participants who complete OLE-sponsored training and who timely apply for CLE credit. This includes Certificates of Attendance for instructors. All Certificates of Attendance must accurately meet all requirements for each jurisdiction and include attendee-specific information.

3.1.4 Immediately notify EOUSA/OLE in writing within one business day whenever vendor is made aware that Certificates of Attendance are not issued or made available online within the 45-day deadline, including an explanation for any failures to meet the deadline and an estimate of when the certificates will be issued.

3.1.5 Apply in a timely manner for CLE approval within the deadlines established by state and jurisdictional CLE regulators, but not later than 30 days after the training event, and sooner if necessary to meet the 45-day deadline for issuance of Certificates of Attendance to training participants.

3.1.6 Apply for CLE pre-approval in those states and jurisdictions when required by CLE regulators, and apply to other states and jurisdictions as needed to meet the 45-day deadline for issuance of online Certificates of Attendance.

3.1.7 Immediately notify EOUSA/OLE in writing within one business day whenever vendor is made aware that application for CLE approval exceeds 30 days after the training event, including an explanation for any failures to meet the 30-day deadline and an estimate of when the approvals will be received.

3.1.8 Following each OLE-sponsored residential and remote training event for which CLE credit is requested, send at least 2 electronic reminders to training participants reminding them of the deadline for applying online for CLE credit. The reminders must be sent during the period that training participants are allowed to submit applications for CLE credit. The reminders must be spaced at least 2 days apart, must remind participants of the deadlines for applying for CLE credit for the training, and must remind them of the instructions for online application for CLE credit.

3.1.9 When and where appropriate, or upon request, be able to process CLE credits using OLE’s accredited CLE provider status rather than the vendor’s own accredited CLE provider status.

3.1.10 Electronically create and track records of CLE credits for all training participants, including instructors, who apply for CLE credit for their participation in OLE-sponsored training events.

3.1.11 Electronically store and maintain CLE records for a period of at least 10 years for all participants in OLE-sponsored training.

3.1.12 For a period of at least 10 years, make CLE records electronically available to individuals who participate in OLE-sponsored training, including participants who were non-members of the Department at the time of the training or who subsequently leave the Department during the 10-year period following the training.

3.1.13 Process CLE credit for up to 80 live, in-person events conducted at the NAC or conducted at a remote location by OLE staff; up to 200 live, in-person training events conducted at remote DOJ locations across the U.S.; and up to 80 satellite and media-based training events, such as USAMeetings and broadcasts on Justice Television Network.

3.1.14 Process CLE credit in all the states and jurisdictions as needed to obtain CLE credit for all training participants. “Processing” includes, among other things: building online software forms and communication tools; seeking CLE approval for training events from CLE regulators; receiving attendee and instructor requests for CLE credit;

submitting and reporting the applications to CLE regulators to obtain CLE credit for applicants; creating and delivering Certificates of Attendance to attendees and instructors;

providing customer service forums to attendees, instructors, and OLE; storing and maintaining CLE records for training participants; and providing reports to OLE.

3.2 The contractor will provide the following administrative assistance in support of the CLE program and will:

3.2.1 Acquire and maintain active status as an accredited CLE provider in mandatory CLE states and jurisdictions or, alternatively, enable compliance with mandatory CLE requirements by all training participants with mandatory CLE requirements (e.g., gaining CLE credit in the state of New Jersey through compliance with New York requirements).

3.2.2 Know, understand, monitor, and stay abreast of CLE rules for all mandatory CLE states and jurisdictions. This includes, but is not limited to the following topics: credit calculation; rounding rules; minimum credit requirements; partial credit calculation;

speaker credit calculations; filing deadlines, including any late fees; documentation, including processes and required paperwork to meet the requirements of all U.S.

jurisdictions; appeals processes, should CLE credit be denied; attorney self-filing;

reciprocity; and accredited provider status and presumptively approved provider status, including cost/benefit analysis of such.

3.2.3 Evaluate OLE-sponsored training agendas to assist in determining compliance with CLE accreditation rules across all states and jurisdictions, and advise OLE of any compliance issues or concerns.

3.2.4 Process all applications for CLE credit for OLE-sponsored residential, distance, and blended training, including live events, live webcasts, pre-recorded training, on-demand training, satellite vended programs, and mobile training. This includes training events conducted at remote locations outside the NAC (e.g., training conducted by the Litigating Divisions, EOUSA, U.S. Attorneys Officers (USAOs), etc.). The number of training events covered by the contract will include the following:

● Up to 80 live, in-person events conducted at the NAC or conducted at a remote location by OLE staff;

● Up to 200 live, in-person training events conducted at remote DOJ locations across the U.S.; and

● Up to 80 satellite and media-based training events, such as USAMeetings and broadcasts on Justice Television Network.

3.2.5 Where required or otherwise appropriate, timely seek pre-approval of OLE-sponsored training from CLE states and jurisdictions (see section 3.1.6 for details).

3.2.6 Where appropriate, immediately notify EOUSA/OLE of any requirements for follow-up training materials requested by CLE states and jurisdictions and necessary to obtain CLE approval for OLE-sponsored training.

3.2.7 After the conclusion of OLE-sponsored training, make all necessary contacts with CLE states and jurisdictions, and take all administrative actions necessary to obtain CLE credit for training participants who seek CLE credit.

3.2.8 When and where required, or upon request, report training attendance to CLE states and jurisdictions for all OLE-sponsored training participants who desire CLE credit, except in self-reporting states.

3.2.9 Compile and submit a list of all projected (estimated) CLE administrative fees and other payments made to CLE regulators in the states of Kansas and Texas only, excluding individual attorney fees and any late fees assessed due to the vendor’s failure to comply with timeliness guidelines. The list must contain projected (estimated) fees and payments for the base year and each option year, and must be broken down by fee category (e.g., CLE provider fees, CLE application fees, etc.). EOUSA/OLE is responsible for CLE administrative fees and regulatory fees paid to regulators in all other states that require direct payment (i.e., states that have regulatory fees and do not allow for self-reporting in which fees can be paid directly by the bar member/training participant), except for individual attorney fees charged in connection with CLE credit.

3.2.10 Not later than 60 days after the expiration of the base year or an option year, as applicable, compile and submit a list of all CLE administrative fees and other payments actually made to CLE states and jurisdictions during the year, as necessary for the vendor to obtain CLE approval for training participants. This list should include CLE accredited provider fees, CLE application fees, and similar administrative costs, but excluding individual attorney CLE credit fees. The list must be broken down by fee category (e.g., CLE provider fees, CLE application fees, etc.).

3.2.11 Provide toll-free, “help desk” services on a live or call-back basis, available 24 hours a day, 7 days a week, 365 days per year, to address inquiries from training participants regarding CLE processing and to resolve any processing or access issues.

3.2.12 Within 14 days of payment, notify EOUSA/OLE in writing of any late fees paid to CLE regulators due to failure to comply with state or jurisdictional timeliness guidelines.

This includes any reimbursement of late fees paid by individual training participants due to failure of the vendor to comply with any deadlines, including CLE reporting requirements.

3.2.13 Respond to inquiries from OLE not later than one business day of the inquiry, and be available for live telephone consultation or live, interactive e-mail communication within one business day of any inquiry from OLE.

3.2.14 Within 2 business days, respond to accreditation-specific processor credit inquiries. Responses may include call-back, e-mail, or other means of communication designed to respond promptly to the individual(s) and to prevent any complaints of non-responsiveness. Vendor will immediately thereafter report in writing to EOUSA/OLE any such inquiries not responded to within 2 business days of receipt of the inquiry and will compile and submit to EOUSA/OLE a monthly report of any such failures to timely respond to inquiries. Vendor will respond to all other help desk inquiries within a reasonable period of time.

3.2.15 Make live or recorded training available to Department personnel to instruct them on how to use the system to apply for CLE credit and to access training records, and update this training as needed to ensure it is current, accurate, and available.

3.2.16 Work with Department IT personnel to enable secure access to the CLE processing system for eligible personnel using internal and external Department computers.

3.2.17 Prepare and coordinate with EOUSA/OLE all annual CLE statistical/end-of-year reports as required by various CLE states and jurisdictions, and submit accurate, annual reports that meet state and jurisdictional deadlines.

3.2.18 Respond within 30 days to routine Department requests for CLE statistical data on CLE usage, and submit a regular monthly, statistical usage report.