Pre-solicitation notice.docx

Protection and Advocacy Training and Technical Assistance Project

INTRODUCTION

The US Department of Health and Human Services (HHS), Administration for Community Living (ACL) wants to identify viable businesses that are capable of fulfilling the objectives of this requirement.

This is a Presolicitation notice with an intent to sole source. This is NOT a solicitation for proposals, proposal abstracts, or quotations. The purpose of this notice is to obtain information regarding: (1) the availability and capability of qualified sources. Your responses to the information requested will assist the Government in determining the appropriate acquisition method, including whether a set-aside is possible.

PURPOSE AND BACKGROUND

BRIEF DESCRIPTION OF SERVICES

The U.S. Department of Health and Human Services, Administration for Community Living (ACL) and Substance Abuse and Mental Health Services Administration (SAMHSA); and the U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) requires a performance-based contract to provide coordinated, comprehensive, and specialized training and technical assistance (T/TA) to support the Protection and Advocacy Systems (P&As) in providing legal advocacy services to people with disabilities and ensuring voting access.

Under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act), each state and U.S. territory has a P&A designated by the state’s governor. The DD Act and other authorizing statutes give the P&A authority to advocate for the rights of individuals with disabilities. The DD Act states that each P&A must have the authority to “pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State.” 42 U.S.C. §15043. Each P&A uses a range of remedies to advocate for individuals with developmental disabilities, including self-advocacy assistance, negotiation and litigation. There are 57 P&As - one in every state and U.S. territory as well as one serving the Native American population in the four corners region.

As a performance-based contract, this statement of objectives outlines the desired results and expected outcomes to be achieved for the work performed. Coordinated T/TA means addressing the P&A network needs related to implementing the various protection and advocacy grants from multiple funding Federal agencies. Comprehensive T/TA refers to resources that provide a broadly applicable foundation for all P&As regardless of size (small, medium, large) and capacity, yet are responsive to the emerging needs of P&As, such as highly complex, individualized issues. Specialized T/TA is tailored to the unique role of the P&As in providing legal advocacy services to people with disabilities and ensuring voting access.

Under the direction of the ACL Contracting Officer Representative (COR) and the Federal partners (SAMHSA and OSERS), the Contractor is responsible for the provision of comprehensive, coordinated, specialized T/TA to P&As and shall plan, arrange, and provide all the required personnel, consultants, resources, facilities, and equipment needed to fulfill the requirements of the contract in the most cost-effective manner by:

· Designing T/TA that provides fundamental skills and knowledge that are proven to effectively address the specialized and highly complex legal advocacy activities and cases undertaken by P&As;

· Enhancing and leveraging the use of technology to increase the accessibility of content to all P&A staff using multiple platforms, modifying content where needed;

· Delivering T/TA in the most cost efficient manner to maximize resources available;

· Bolstering the use of peer-to-peer sharing techniques to share and transfer knowledge across the P&A network;

· Exploring ways to fully include individuals with disabilities in T/TA activities to ensure meaningful involvement of, and input from, the P&As and individuals with disabilities; and

· Directly including the expertise of individuals who are blind/visually impaired in the development and execution of T/TA efforts aimed at improving voting accessibility.

All travel related to T/TA activities will require the prior approval of the COR. The contractor shall track separately HHS, SAMHSA and ED, OSERS funds that support T/TA activities.

Background ACL, SAMHSA, and OSERS require a performance-based contract to provide coordinated, comprehensive, and specialized legal advocacy training and technical assistance (T/TA) to Protection and Advocacy Systems (P&As). This T/TA is expected to include a subject matter expert that can provide assistance to the P&As to promote full participation in the electoral process for individuals with disabilities (including individuals who are blind/visually impaired).

As a performance-based contract, performance will be measured by the outcomes achieved in providing coordinated, comprehensive, and specialized T/TA to P&As. This statement of objectives outlines the desired results and expected outcomes to be achieved for the work performed.

The short-term outcomes for the project are:

· Increased P&A staff knowledge of the:

· P&A program, including the history of the program and disability rights movement;

· Historical and emerging issues in the legal field, including civil rights law;

· Various effective approaches to legal advocacy focused on the protection of and advocacy for the rights of individuals:

· With various types of disabilities, including individuals with intellectual and developmental disabilities, mental illness, and traumatic brain injury;

· To access assistive technology; and

· To vote.

· Historical and emerging issues in the disability field and how they relate to legal advocacy to protect the rights of individuals with disabilities;

· Standard P&A practices for individual and systemic legal advocacy, investigations, information and referral, monitoring, and public outreach;

· Measurement and evaluation of the P&A effectiveness;

· Effective planning exercises for P&A activities to ensure compliance with Federal requirements;

· Personnel management operations to ensure compliance with Federal requirements;

· Financial/Fiscal management practices that ensure compliance with Federal fiscal requirements;

· Proven and standardized promising practices in effective P&A operations to enhance the P&As ability to meet their mission;

· Voting systems and technologies that support individuals with disabilities to exercise their right to vote;

· Evaluation of activities relating to voting; and

· Levels of strategic collaboration with various stakeholders.

The intermediate outcomes for the project are:

· Improved P&A performance (e.g., legal advocacy services to include individual and systems advocacy), operations, and outputs;

· Improved P&A achievement and/or maintenance of statutory compliance, and achievement of statutory compliance when needed;

· Improved collaboration with other entities funded under the DD Act;

· Increased ability of P&As to:

· Engage in complex litigation and systemic advocacy;

· Demonstrate leadership in the state/territory in the area of home and community-based services (HCBS) to include activities such as engagement in the state’s HCBS settings rule and implementation of Olmstead;

· Develop capacity in new practice areas – such as juvenile justice and community-based monitoring;

· Utilize their access authority more effectively in correctional facilities and other facilities housing individuals with disabilities;

· Improve P&A operations by examining various aspects of the organization, such as organizational structure, legal practice, board practices, and implementation of P&A principles and values;

· Accurately assess the availability and use of accessible voting systems and technology for individuals with disabilities;

· Meaningfully involve and get input from individuals with disabilities regarding full participation in the electoral process;

· Identify modifications to improve voting access for the blind/visually impaired; and

· Strategize with stakeholders including DD Network partners to address disability-related issues in the state/territory.

The long-term outcomes for the project are to:

· Position P&As as leaders and catalysts of systems change, capacity building and advocacy at the national, state/territory, and local levels;

· Increase the percentage of P&A cases that meet statutory requirements and HHS regulations;

· Increase the percentage of individuals with developmental disabilities whose rights were enforced, retained, restored, or expanded;

· Increase the inclusion of individuals with disabilities in the voting process; and

· Increase support in the use of voting systems and technology by voting centers, their staff, and individuals with disabilities, including individuals who are blind or visually impaired.

RESPONSE INFORMATION

THE CAPABILITLY STATEMENT MUST CLEARLY DEMONSTRATE THE FIRM’S CAPABILITY AND EXPERIENCE IN PROVIDING THE SERVICES DESCRIBED BELOW.

In order to respond to this notice, interested firms should address the depth and breadth of professional and technical capabilities, past performance and must be able to clearly convey its experience and/or ability to perform in the following areas, which are identified as core services:

Coordinated T/TA This contract will ensure that T/TA is provided to support P&As as they manage and implement grants from multiple Federal agencies. This effort should also ensure appropriate alignment with the perspective and priorities of Federal partners that fund P&As in each state and territory. Each Agency listed below administers the following Federal P&A programs:

· ACL administers the Protection and Advocacy for Developmental Disabilities (PADD) program under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act) (42 U.S.C. 15001 et seq.); the Protection and Advocacy for Assistive Technology (PAAT) program under the Assistive Technology Act of 2004; Protection and Advocacy for Individuals with Traumatic Brain Injury (PATBI) program under the Public Health Service Act; the Protection and Advocacy for Voting Access (PAVA) program under the Help America Vote Act of 2002, Pub. Law 107-252, Title II, Subtitle D, Part 5, Section 291 (42 United States Code (U.S.C.) 15461.

· ACL administers the PADD grant program. It is the original P&A program, established in the Developmental Disabilities Assistance and Bill of Rights Act of 1975. The P&As and other programs authorized under the DD Act address all facets of community living and focus on areas of emphasis, including employment, education, housing, health, transportation, quality assurance, childcare, recreation, and formal and informal community supports. Under the DD Act, P&As provide protection and advocacy to individuals with developmental disabilities (as defined in the DD Act). The DD Act provides P&As with the authority to use a range of legal advocacy approaches and access to individuals with developmental disabilities and records of individuals. The DD Act mandates that the Secretary of Health and Human Services implement an accountability process to monitor PADD grantees. This process includes identifying and reporting on progress achieved through advocacy, capacity building, and systemic change activities undertaken by the programs and the broader DD Network (e.g., State Councils on Developmental Disabilities, University Centers of Excellence in Developmental Disabilities, and P&As). Section 143(a)(2) of the DD Act requires that P&As pursue legal, administrative, and other appropriate remedies, “with particular attention to members of ethnic and racial minority groups” (42 USC 15043).

· The PAAT program is authorized by the Assistive Technology Act of 2004. It provides protection and advocacy services to assist individuals of all ages with disabilities in the acquisition, utilization, or maintenance of assistive technology services or devices. P&As provide information, advocacy, representation, training, technical assistance, and general guidance to increase access to and provision of assistive technology devices and services. The emphasis is on consumer advocacy and capacity-building through protection and advocacy agencies in the states.

· The PATBI program is authorized by the Public Health Service Act. It assesses each state/territory P&A’s responsiveness to traumatic brain injury (TBI) issues and provide advocacy support to individuals with TBI and their families. Individuals with TBI often face an improper diagnosis, the inability to access support or rehabilitation services, institutional segregation, unemployment, and navigating complicated and cumbersome service and support systems. The goals of the PATBI program focus on helping state and local agencies develop resources so that all individuals with TBI and their families will have accessible, available, acceptable, and appropriate services and supports. The PATBI Grant Program is one way the Federal Traumatic Brain Injury Program advances these goals.

· Help America Vote Act (HAVA) was signed into law on October 29, 2002 and outlines the roles and responsibilities of the Protection and Advocacy Voting Access (PAVA) program administered by the Administration on Disabilities (AoD) at ACL. The program was designed to establish and improve participation in the electoral process for individuals with a full range of disabilities. Seven percent of HAVA funds are set aside for T/TA to P&As to support individuals with disabilities’ full participation in the electoral process, including registering to vote, casting a vote, and accessing polling places. After receiving technical assistance, P&As may inform others on the availability of accessible voting equipment and its use.

· SAMHSA administers the Protection and Advocacy for Individuals with Mental Illness (PAlMI) program under the Protection and Advocacy for Individuals with Mental Illness Act of 1986, (42 U.S.C. 10801 et seq.); Children’s Health Act of 2000 (42 U.S.C. 290ii), the PAIMI Rules (42 CFR Part 51), and the Reinstatement of Bill of Rights (42 U.S.C. 10841). The PAlMI Act provides funds for activities to protect and advocate for the rights of eligible individuals (as defined in 42 USC 10802(4)) with significant (severe) mental illness (adults) and significant (severe) emotional impairment (children/youth), who are at risk for, or in danger of, abuse. This includes lack of access to treatment and medications; incidents of seclusion and restraint; neglect; and rights violations and serious injuries sustained from the inappropriate use of these techniques (see 42 U.S.C. 10841) while residing in public or private care or treatment facilities [see 42 U.S.C. 10802(1)]. These facilities may include, but are not limited to, hospitals, nursing homes, and community facilities for individuals with mental illness, board and care homes, homeless shelters, jails, and prisons [See 42 USC 10802(3)]. In October 2000, Congress amended the PAlMI Act to give state P&A systems the option of serving PAlMI-eligible individuals living in the community, including their own homes; however, the system must give priority to representing persons with mental illness residing in care and treatment facilities [See 42 USC 10804(d)]. Documentation of PAIMI-eligibility is required to receive P&A services. Services provided must be within the scope and purpose of the authorizing legislation (PAIMI Act).

· PAIMI funds may not be used:

· For technical assistance and legal proceedings to discontinue treatment (medication management of symptoms of SMI or SED and other evidence-based therapies) for SMI or SED resulting in improvement or resolution of symptoms as determined by a qualified mental health professional in the case of a mental health emergency or as required under a civil commitment order.

· Directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. PAIMI funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. See, e.g., 45 C.F.R. § 75.300(a) (requiring HHS to “ensure that Federal funding is expended . . . in full accordance with U.S. statutory . . . requirements.”); 21 U.S.C. §§ 812(c) (10) and 841 (prohibiting the possession, manufacture, sale, purchase or distribution of marijuana). This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law.

· OSERS administers the Protection and Advocacy for Individual Rights (PAIR) program under Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act, 29 USC 701 et seq.). Of the six programs mentioned above, the PAIR program has the broadest mandate and potentially represents the greatest number of individuals. Through the provision of information and advocacy, PAIR programs help to ensure the protection of the rights of persons with disabilities under Federal and state law in a wide variety of areas, including employment, access to public accommodations, education, housing, and transportation. PAIR programs litigate, investigate, negotiate, or mediate solutions to problems expressed by individuals with disabilities. This includes information, technical assistance, legal counsel, and litigation services to requesting individuals and organizations. To be eligible for advocacy services from the PAIR program, an individual with a disability must:

· Need services that are beyond the scope of services authorized by the Client Assistance Program (CAP) under Section 112 of the Rehabilitation Act of 1973, as amended;

· Be ineligible for the PADD Program because the individual does not have a developmental disability as defined in the DD Act; and

· Be ineligible for the PAlMI Program because the individual does not meet the eligibility criteria defined by the PAlMI Act [42 USC at 10802(4)].

In the PAIMI Act, Rehabilitation Act, Assistive Technology Act, Public Health Service Act, and HAVA, Congress mandated that the respective programs authorized - PAlMI, PAIR, PAAT, PATBI, and PAVA - be administered by the same P&A systems established under the DD Act. Therefore, the T/TA provider must coordinate among all applicable programs to deliver consistent training and avoid duplication of efforts.

2.2 Comprehensive

To be effective legal advocacy organizations, P&As must be adept at managing multiple Federal programs while simultaneously focusing on the mission, which is to protect and advocate for the rights of individuals with disabilities. Additionally, P&As ensure that individuals with disabilities are able to exercise their rights to make choices, contribute to society, to vote, and live independently. Therefore, P&As need comprehensive T/TA that addresses a wide array of issues across legal, disability, and organizational contexts in two main areas:

(1) P&A authorities and disability content; and

(2) P&A organizational competency.

It is understood that to be comprehensive, T/TA in these two areas will overlap and require development of a foundational T/TA program for P&A staff to have increased knowledge of the following:

· The P&A program, including the history of the program and disability rights movement;

· Historical and emerging issues;

· In the legal field, including civil rights law;

· In the disability field and how they relate to legal advocacy aimed at the protection of and advocacy for the rights of individuals with disabilities; and

· In the election process, including helping individuals to exercise their legal voting rights and supporting state and local organizations in ensuring full voter accessibility;

· Various effective approaches to legal advocacy focused on the protection of and advocacy for the rights of individuals with disabilities;

· Standard P&A practices for individual and systemic legal advocacy, investigations, information and referral, monitoring, and public outreach;

· Measurement and evaluation of P&A outcomes and performance based effectiveness;

· Effective planning exercises for P&A activities to ensure compliance with Federal requirements;

· Personnel management operations to ensure compliance with Federal requirements;

· Financial/Fiscal management practices that ensure compliance with Federal fiscal requirements;

· Proven and standardized promising practices in effective P&A operations to enhance the P&As ability to meet their mission; and

· Support of collaboration with other entities closely affiliated with or interested in P&A activities , such as the:

· State Councils on Developmental Disabilities;

· University Centers for Excellence in Developmental Disabilities Education, Research, and Service;

· PAIMI Advisory Councils; and

· Disability advocacy groups.

As aforementioned, in addition to foundational knowledge, T/TA must also meet the needs of all P&As regardless of size (small, medium, large) and capacity, and be prepared to provide in-depth knowledge and resources for specialized issues. T/TA must provide continuous learning opportunities for P&A staff across all levels of knowledge and experience that is customized to the needs of geographic areas and populations served by individual P&As. This includes practices of cultural competency to support all P&As in serving diverse populations, including but not limited racially, ethnically, and linguistically diverse individuals; individuals from various socio-economic sectors; and individuals from various geographic locations.

2.3 Specialized

P&As comprise a unique, highly specialized program designed to protect and advocate for the rights of individuals with disabilities. There is no other comparable system in the U.S. and its territories. Each P&A is mandated to protect and advocate for the rights of persons with disabilities, as defined in the authorizing statutes for the PADD, PAAT, PATBI, PAVA, PAlMI, and PAIR programs. Additionally, P&As are mandated to protect and advocate for voting accessibility as defined by HAVA. The authorizing legislation for these programs provides P&As with unique authorities to:

· Provide information on and referral to programs and services addressing the needs of individuals with disabilities;

· Pursue advocacy, legal, administrative, and other appropriate remedies or approaches to ensure the protection of and advocacy for the rights of individuals with disabilities, including their right to vote;

· Investigate complaints and incidents of abuse and neglect of individuals with disabilities;

· Support the modification of voting systems to ensure accessibility;

· Educate state and local organizations and policymakers on the rights of individuals with disabilities, including the right to vote;

· Access individuals with disabilities and to records of individuals with disabilities; and

· Ensure people have the right to access treatment and medication in correctional facilities and institutional and treatment settings.

Therefore, T/TA must be highly customized to meet the needs of this network. In particular, the T/TA must strengthen a comprehensive legal advocacy strategy and address the legal resource needs of the P&As. Additionally, the T/TA must reflect current legal trends and pressing issues by conducting ongoing analyses of legal issues. Finally, the T/TA must support the overall organizational stability of each individual P&A.

2.4 Goals and Expected Outcomes

The goal of this contract is to provide coordinated, comprehensive, and specialized T/TA to the 57 P&As using strategies that are reliable, effective, efficient, and responsive to the field and work towards achieving the outcomes listed below:

The short-term outcomes for the project are:

· Increased P&A staff knowledge of the:

· P&A program, including the history of the program and disability rights movement;

· Historical and emerging issues in the legal field, including civil rights law;

· Various effective approaches to legal advocacy focused on the protection of and advocacy for the rights of individuals:

· With various types of disabilities, including individuals with intellectual and developmental disabilities, mental illness, and traumatic brain injury;

· To access assistive technology; and

· To vote.

· Historical and emerging issues in the disability field and how they relate to legal advocacy to protect the rights of individuals with disabilities;

· Standard P&A practices for individual and systemic legal advocacy, investigations, information and referral, monitoring, and public outreach;

· Measurement and evaluation of the P&A effectiveness;

· Effective planning exercises for P&A activities to ensure compliance with Federal requirements;

· Personnel management operations to ensure compliance with Federal requirements;

· Financial/Fiscal management practices that ensure compliance with Federal fiscal requirements;

· Proven and standardized promising practices in effective P&A operations to enhance the P&As ability to meet their mission;

· Voting systems and technologies that support individuals with disabilities to exercise their right to vote;

· Evaluation of activities relating to voting; and

· Levels of strategic collaboration with various stakeholders.

The intermediate outcomes for the project are:

· Improved P&A performance (e.g., legal advocacy services to include individual and systems advocacy), operations, and outputs;

· Improved P&A achievement and/or maintenance of statutory compliance, and achievement of statutory compliance when needed;

· Improved collaboration with other entities funded under the DD Act;

· Increased ability of P&As to:

· Engage in complex litigation and systemic advocacy;

· Demonstrate leadership in the state/territory in the area of home and community-based services (HCBS) to include activities such as engagement in the state’s HCBS settings rule and implementation of Olmstead;

· Develop capacity in new practice areas – such as juvenile justice and community-based monitoring;

· Utilize their access authority more effectively in correctional facilities and other facilities housing individuals with disabilities;

· Improve P&A operations by examining various aspects of the organization, such as organizational structure, legal practice, board practices, and implementation of P&A principles and values;

· Accurately assess the availability and use of accessible voting systems and technology for individuals with disabilities;

· Meaningfully involve and get input from individuals with disabilities regarding full participation in the electoral process;

· Identify modifications to improve voting access for the blind/visually impaired; and

· Strategize with stakeholders including DD Network partners to address disability-related issues in the state/territory.

The long-term outcomes for the project are to:

· Position P&As as leaders and catalysts of systems change, capacity building and advocacy at the national, state/territory, and local levels;

· Increase the percentage of P&A cases that meet statutory requirements and HHS regulations;

· Increase the percentage of individuals with developmental disabilities whose rights were enforced, retained, restored, or expanded;

· Increase the inclusion of individuals with disabilities in the voting process; and

· Increase support in the use of voting systems and technology by voting centers, their staff, and individuals with disabilities, including individuals who are blind or visually impaired.

3.0 Purpose

The purpose of this performance-based contract is to provide coordinated, comprehensive, and specialized legal advocacy T/TA to the P&As. In addition, this T/TA is expected to include assistance to P&As to promote full participation in the electoral process for individuals with disabilities (including individuals who are blind/visually impaired).

The T/TA activities are organized around five main areas:

(1) Project Management and Evaluation;

(2) Knowledge Development, Sharing, and Transfer;

(3) Strengthening of Peer to Peer Contacts and Networking;

(4) Collaboration; and

(5) Systems Information Management.

3.1 Project Management and Evaluation

The contractor is expected to achieve the project goals by managing and evaluating the T/TA provided to the P&As.

a. Based on a thorough and in-depth analysis of multiple sources of information and perspectives (e.g., ACL, SAMHSA, OSERS, P&As, trends in T/TA activities, trends in voter accessibility, other sources), develop and annually update as needed a 5-year strategic plan for providing T/TA. This plan should clearly and concisely identify the expected T/TA goals, objectives, tasks and activities that will lead to the achievement of the project outcomes, to the maximum extent possible. The proposed T/TA is to be guided by the following principles:

i. Outcome-driven results: Planning for and providing T/TA that is evaluated based on the metrics in the P&A T/TA for measuring outcomes in the performance of T/TA to P&As;

ii. High-quality, efficient and effective T/TA: Providing comprehensive, coordinated, specialized T/TA with specific attention to the needs of a legal advocacy network while using the most cost-efficient strategies (e.g., maintain the highest levels of services to the greatest number of P&As, consistent with cost effectiveness);

iii. Evidence-based approach: Using evidence and evidenced-based strategies, resources and tools to the extent they are available for designing and implementing T/TA;

iv. Innovation: Applying new and creative techniques and methods that promote efficiency and effectiveness (e.g. virtual T/TA) while not compromising quality;

v. Assessment of P&A need: Using an ACL, SAMHSA, and OSERS approved assessment process to regularly identify P&A needs across the PADD, PAAT, PATBI, PAVA, PAIMI, and PAIR programs. With guidance from the Federal partners, connect the assessment with available data and evidenced-based research to inform the T/TA strategies and activities to be used; and

vi. Hierarchical T/TA delivery: Promoting cost savings by maximizing the use of resources to develop fundamental resources for broad application, customizing available content to address unique P&A needs, and to dedicate individualized resources for more complex issues and needs.

b. On a monthly basis, collect and report to the Federal partners on emerging T/TA needs and trends based on the tracking of inquiries or voter complaints received; T/TA provided and their outcomes; and when necessary adjustments to the strategic plan, goals, objectives, tasks and activities pending Federal partner approval. In addition, the contractor shall reflect monthly, the specific use of funds from each Federal program.

c. Throughout the duration of this contract, demonstrate improved performance, reliability, techniques, and cost-effectiveness of the services delivered by:

i. Developing and implementing an on-going self-evaluation process for assessing progress of project activities and the extent to which the T/TA has achieved the outcomes of the contract; and reporting formative assessment results to the federal partners on a monthly basis; and

ii. At least annually, evaluating and reporting a summative assessment to the Federal partners on the extent to which the short- and intermediate-term outcomes have been achieved.

iii. At the end of the contract period, evaluating and reporting a summative assessment to the Federal partners on the extent to which the T/TA has achieved the following outcomes:

1. Position P&As as leaders and catalysts of systems change, capacity building and advocacy at the national, state/territory, and local levels;

2. Increase the percentage of P&A cases that meet statutory requirements and HHS regulations;

3. Increase the percentage of individuals with developmental disabilities whose rights were enforced, retained, restored, or expanded;

4. Increase the inclusion of individuals with disabilities in the voting process; and

5. Increase support in the use of voting systems and technology by voting centers, their staff, and individuals with disabilities, including individuals who are blind or visually impaired.

3.2. Knowledge Development, Sharing, and Transfer

The contractor is expected to achieve the project goals by providing a progression (e.g., broad-based to highly customized) of T/TA strategies that will promote knowledge development, sharing, and transfer. In doing so, it is intended that the contractor will increase the knowledge base and capacity of P&A staff, P&A Board/Council members, and PAIMI Advisory Councils. The T/TA strategies include:

a. Maintenance of a T/TA website with a well-planned information architecture that:

i. Serves as the primary source of information and resources for P&As;

ii. Ensures the security and privacy of data maintained by the contractor, including PII that may be collected in support of the provision of T/TA;

iii. Meets and exceeds WCAG 2.0/2.1 AA success criteria to ensure the website and its content are fully accessible and provide a user-friendly interface and experience.

iv. Has a full library of tiered (e.g., basic to advanced) and customized (e.g. webinar content organized into training modules) resources for legal advocacy, voting accessibility, and P&A infrastructure in multiple areas pertaining to:

1. P&As understanding and use of outcomes for PADD, PAAT, PATBI, PAVA, PAIMI, and PAIR;

2. P&A core competencies (e.g., individual advocacy, system advocacy, information and referral, educating policymakers, mitigating barriers to voting accessibility etc.);

3. Legal advocacy topics of national interest to the disability community (e.g, access to treatment, HCBS, self-advocacy, early intervention, voting rights, etc.); and

4. Infrastructure and operations (including fiscal management, governing board/advisory council training, planning and evaluation, Federal reporting, monitoring, personnel management, leadership development, etc.).

v. Maintains updated materials that support P&As in implementing their federally-mandated authorities, including legal and access authorities, developed in-house or by outside experts (such as Legal Fact Sheets, FAQs, dockets, archived webinars, voting initiatives, customized training content, and resources on current and emerging issues in disability, disability law and other laws pertaining to the work of the P&As);

vi. Provides information on emerging and promising practices in the P&A network for application by other P&As; and

vii. Has a content-delivery structure and design that is approved by the Federal partners, is flexible to meet P&A unique and general needs, and is cost effective.

b. Development and delivery of high-quality trainings that:

i. Promotes advancement of core competencies of P&A staff;

ii. Increase P&A knowledge and use of outcomes-based measurement strategies;

iii. Increase knowledge of mental health system needs and service array;

iv. Expand knowledge of voter rights and accessibility;

v. Increase knowledge and use of culturally competent practices;

vi. Increase the capacity and leadership development of P&A staff; and

vii. Support P&A infrastructure and operations.

c. Development and regular dissemination of high quality, expert analysis, and legal advocacy resources that are current, accurate, and address trends in the legal and disability fields;

d. Provision of rapid response legal and operational technical assistance to P&As based on urgent and timely needs and issues; and

e. Provision of individualized T/TA to P&As in need of assistance.

3.3. Strengthening Peer-to-Peer Contacts and Networking

The contractor is expected to achieve project goals by efficiently and effectively supporting peer-to-peer connections across the P&A Network to enhance T/TA to include:

a. Broadening the cadre of experts to provide T/TA to P&As that will:

i. Provide accurate and timely resources, supports, and technical assistance to P&A staff and Board/Council members with the ultimate goal of P&As being positioned as leaders and catalysts of systems change;

ii. Build capacity and leadership within each P&A and across the network of P&As;

iii. Include individuals with disabilities and organizations with specialization in identifying and mitigating barriers for persons with visual disabilities in the voting process; and

iv. Be appropriately evaluated on the effectiveness of such experts and networking activities.

b. Establishing and maintaining an electronic means of supporting peer-to-peer networking through the T/TA website, such as e-Task Forces or other web-based mechanisms for identifying experts, and facilitation of virtual linkages between the P&As.

3.4. Collaboration

The contractor is expected to provide T/TA that will support P&A collaboration and effective partnership with a variety of groups at various levels, to include partnerships with:

a. The Federal Government

i. Establish and maintain a working relationship with ACL, SAMHSA, and OSERS that fosters a shared accountability based on statutory requirements of the P&As and associated T/TA.

ii. Foster an effective partnership among ACL, SAMHSA, OSERS and P&As for overall outcomes and responsibility for specific project efforts requiring close collaboration, including Federal initiatives involving the P&As.

b. P&As

i. Establish a working relationship with P&As that facilitates improved P&A operations, performance and outcomes; maintenance/achievement of statutory compliance; and positioning of P&As as leaders and agents of systems change, capacity building and advocacy at the national, state and local levels.

ii. Establish a participatory group, representative of various types of P&As, to provide guidance and general direction in the design and implementation of the T/TA contract.

c. Other Key Stakeholders

i. Establish a working relationship with the T/TA provider for State Councils on Developmental Disabilities and University Centers for Excellence in Developmental Disabilities to enhance the relationship among the DD networks in each state/territory and:

1. Collaborate to advance understanding and collection of outcomes across DD network programs;

2. Address issues related to DD network collaboration; and

3. Address pressing disability issues in the States and Territories.

ii. Establish a working relationship among P&As and other relevant federally funded and non-federally funded entities and programs, including those funded under the Individuals with Disabilities Education Act and Workforce Innovation and Opportunity Act to ensure P&As have a contributing role in improving outcomes for people with disabilities;

iii. Establish a working relationship with Federal resource centers such as those that serve Long-term Care Ombudsman, Centers for Independent Living, Aging and Disability Resource Centers, Assistive Technology, Independent Living Services, and Employment Technical Assistance;

iv. Establish a working relationship with the Mental Health Technology Transfer Centers (MHTTC) and coordinate resources and technical assistance to maximize efficiency; and

v. Establish a working relationship with other Federal and state organizations who specialize in mitigating barriers for individuals with disabilities (including those who are blind/visually impaired) to register to vote, cast their vote, access polling places, and develop proficiency in the use of voting systems and technologies, as well as support policies, procedures, and practices that assist individuals with disabilities in such activities.

In addition, the contractor will support P&A collaboration to identify and address emerging priorities and needs by convening groups of experts and representatives, including those from the P&A network and from Federal agencies to:

a. Identify and discuss emerging issues and practices, such as addressing treatment needs of those with serious mental illness, community monitoring, and cultural competency; and

b. Develop guidance or other relevant T/TA resources and strategies on emerging issues and priorities that meet or exceed customer requirements and expectations.

3.5. Systems Information Management

The contractor is expected to provide T/TA to P&A staff, P&A Board/Council members, and PAIMI Advisory Councils through systems and information management.

a. The contractor shall develop, secure, and operate a flexible, transparent, and responsive web sites and systems as directed by ACL that provide services and functions including:

i. Supporting collaboration and communications among Federal staff (ACL, SAMHSA) and P&As;

ii. Submitting data from P&As to report to Federal agencies (e.g. SGP, PPR, ACR);

iii. Maintaining a mechanism for P&As to electronically transfer required documents (e.g., SGP, PPR, ACR) to federal agencies (ACL, SAMHSA);

iv. Provisioning of data files to Federal staff (ACL, SAMHSA) in a timely manner and based on Federal agency specifications;

v. Providing effective training and technical support to P&A and Federal staff on the web sites and systems supported by this funding;

vi. Working with ACL OIRM to develop and maintain security documents for systems and websites operated by the contractor;

vii. Providing access to ACL OIRM and other Federal organizations responsible for vulnerability scanning and incident response; and

viii. Establishing processes to propose to the P&As, the ACL COR, and ACL OIRM changes to the systems and websites maintained by the contractor on ACL behalf.

b. The contractor will provide technical support to the P&As of the ACL Reporting System, designed and maintained by ACL by:

i. Responding to P&As’ routine requests such as permissions and login concerns; and

ii. Collaborating with ACL OIRM to provide technical support and training for ACL Report to the P&As.

All technology-related activities in this contract must follow the security and privacy requirements established in Attachment A, ACL Security and Privacy Requirements for the Contract to provide Support and Training and Technical Assistance to Protection and Advocacy Systems.

Expected Period of Performance: 09/29/2020 – 09/28/2021 with four 12 month options

INSTRUCTIONS TO INDUSTRY

INTERESTED SOURCES POSSESSING THE CAPABILITIES TO MEET THE ABOVE REQUIREMENTS SHOULD SUBMIT A COVER LETTER ALONG WITH A CAPABILITY STATEMENT NOT TO EXCEED 10 PAGES (FONT SIZE TIMES NEW ROMAN 11 OR LARGER) DEMONSTRATING ABILITY TO PERFORM, AND SHOULD INCLUDE AN OUTLINE OF PREVIOUS OR SIMILAR PROJECTS SO THAT THE GOVERNMENT CAN PERFORM A PROPER EVALUATION OF THE COMPANY’S CAPABILITY. THE STATEMENT SHOULD ALSO INCLUDE AN INDICATION OF CERTIFIED SMALL BUSINESS STATUS; THIS INDICATION SHOULD BE CLEARLY MARKED ON THE FIRST PAGE OF THE CAPABILIITY STATEMENT.

This notice is for planning only. This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization’s qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. Respondents will not be notified of the results of this evaluation. Capability statements will not be returned and will not be accepted after the due date. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published in Federal Business Opportunities. However, responses to this notice will not be considered adequate responses to a solicitation.

No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).

Interested small business firms are highly encouraged to respond to this notice. However, firms should understand that generic capability statements are not sufficient for effective evaluation of their capacity and capability to perform the work required. Responses must directly demonstrate the company’s capability, experience, and ability to marshal resources to effectively and efficiently perform the objectives described above.

The written response to this notice should consist of the following items:

a. Company Name.

b. Company DUNS number.

c. Company point of contact, mailing address, telephone and fax numbers, and website address

d. Name, telephone number, and e-mail address of a company point of contact who has the authority and knowledge to clarify responses with government representatives

e. Date submitted.

f. Do you have a Government approved accounting system? If so, please identify the agency that approved the system.

g. Type of Company (i.e., small business, 8(a), woman owned, veteran owned, etc.) as validated via the System for Award Management (SAM). All respondents must register on the SAM located at https://www.sam.gov

Responses must be submitted not later than 1:00pm EST on September 4, 2020. Capability statements will not be returned and will not be accepted after the due date. The maximum number of pages for submission is ten (10) pages.

As previously stated, the Government will not entertain questions regarding this pre-solicitation; however, general questions may be forwarded to the following:

Contract Specialist: Frank Barnett Email Address: frank.barnett@psc.hhs.gov