Draft RFQ Program Complaints SOW.pdf

Performance Work Statement (PWS) U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights Center for Civil Rights Enforcement (CCRE)

Contractor Support to Process Program Complaints of Discrimination

1.0 Background

The Office of the Assistant Secretary for Civil Rights (OASCR), through the Center for Civil Rights Enforcement (CCRE), processes program complaints of discrimination filed by applicants, recipients, participants, and beneficiaries of USDA assisted and conducted programs.

2.0 Scope of Work (Program Complaints — Intake, Investigation, Adjudication)

The Contractor shall provide analytical, research, drafting, technical writing, and administrative support to assist the Government with the intake, investigation, and adjudication of program discrimination complaints pursuant to 7 C.F.R. §§ 15 et seq., applicable statutes, regulations, Departmental Regulations (DR 4330‑002 and 4330‑003), Departmental Manuals, and OASCR/CCRE procedures. All adjudicative authorities reside exclusively with the Government.

2.0.1 Intake Support

• The Contractor shall perform advisory jurisdictional screening to include review of complaint file; identification of primary issues and primary law and USDA program; and determination of whether the bases and claims set forth in the complaint meet criteria for acceptance or closure pursuant to USDA Departmental Regulations (DR) 4330-002 (assisted programs) and 4330-003 (conducted programs). The contractor shall prepare draft acceptance, partial acceptance, closure, or programmatic referral letters for Government review and issuance. The Contractor may prepare draft requests for additional information.

2.0.2 Investigation Support

• The Contractor shall support investigative activities under Government direction, including evidence organization, interview guides, document request drafting (as authorized), and drafting impartial Reports of Investigation (ROIs); MFH/HUD MOU documentation support as directed.

Initial Case Review (Days 0–5) Within five calendar days of case acceptance, the Contractor shall complete advisory eligibility screening and triage, and submit a case review summary.

Complexity and Timeliness Framework: Government will assign complexity at acceptance.

o Simple Investigations (Report of Investigation is due within 90 Days) If the matter is deemed simple (e.g., singular issue, minimal documentation, standard procedures), the full investigation and Report of Investigation (ROI) must be completed within ninety (90) calendar days from the date of acceptance.

o Medium Complexity Investigations (Report of Investigation is due within 100 Days) For complaints involving moderate complexity—such as multiple issues, several respondents, or cross-functional coordination, the contractor must complete the full investigation and Report of Investigation (ROI) within one hundred (100) calendar days from acceptance.

o Complex Investigations (Report of Investigation is due within 115 Days) For complaints categorized as complex (including extensive fact-finding, multiple jurisdictions, significant policy analysis, or high risk), the contractor shall complete the full investigation and Report of Investigation (ROI) within one hundred fifteen

(115) calendar days from acceptance.

• Investigative Plan (IP):

The Contractor shall draft an Investigative Plan (IP) that outlines accepted issues, scope, key witnesses, evidence sources, and proposed investigative steps. The Contractor may prepare draft notices of investigation for Government issuance. The IP is advisory and shall not contain any findings or conclusions.

• Evidence Collection and Investigation:

The Contractor shall conduct investigative activities in accordance with the approved IP, including evidence collection, interviews (as authorized), affidavit development, and documentation of all case activities.

• Report of Investigation (ROI):

Within the established timelines and based on the Complexity Categories assigned to the case (Simple, Medium, or Complex), the Contractor shall prepare and submit a “Complete and Final” ROI that includes allegations, procedural history, relevant evidence, and organized exhibits, ensuring the report is impartial and free of findings or conclusions.

• Exception and Mitigation:

If the Contractor determines that a case cannot be completed within the established timelines set forth in this Performance Work Statement (PWS), the Contractor shall promptly notify the Contracting Officer’s Representative (COR). Such notification shall occur as soon as the risk of delay is identified and shall not be delayed until the deadline has passed.

The Contractor shall provide a written mitigation plan that identifies the cause of the delay, outlines corrective actions, and establishes a revised timeline for completion of all remaining investigative activities and deliverables. The mitigation plan shall include specific milestones and demonstrate the Contractor’s approach to minimizing further delays and ensuring timely case resolution.

The Contractor shall continue all work on the assigned case unless otherwise directed by the Government. Approval of any revised timeline shall be at the discretion of the Government.

• Alternative Dispute Resolution (ADR):

Alternative Dispute Resolution (ADR) shall remain available to the parties throughout the complaint process. The Contractor shall not engage in ADR and shall promptly notify the Government when ADR is requested by either party. ADR requests may affect timelines only if approved in writing by the Government. The Contractor shall continue all investigative activities and meet all established deadlines unless otherwise directed by the Government.

2.0.3 Adjudication Support

Draft proposed Final Agency Decisions (FADs), appeal responses, and corrective action tracking memoranda.

The contractor shall provide analytical, research, drafting, and editorial support to the Government in the adjudication of program civil rights complaints. Contractor tasks include reviewing Reports of Investigation (ROI) for legal sufficiency and drafting proposed Final Agency Decisions (FADs) and other case documents (e.g., accept/dismiss letters, appeal responses, complaint status memoranda) for Government review.

All adjudicative and decision-making authority remains with the Government. The contractor shall not issue, finalize, or communicate any decision or determination to parties; all such actions shall be performed by authorized USDA officials after review and approval.

2.1 Inherently Governmental Function Safeguards

1. No Delegation of Sovereign Authority. The contractor shall not perform any inherently governmental functions, including adjudicatory determinations, direction or control of Federal employees, policy determinations, or commitments that bind the Government.

2. Advisory Role. Contractor activities are advisory and preparatory only. Drafts produced under this PWS are working documents for Government consideration and are not effective unless and until approved, signed, and issued by authorized USDA officials.

3. Government Oversight. The Government will provide direction, priorities, and decision criteria, and will conduct substantive review of all contractor work products prior to issuance.

3.0 Period of Performance

The period of performance (POP) will be one (1) 12-month base period and two (2) 12-month option periods.

4.0 Place of Performance

Work may be remote via Government-approved systems during OASCR business hours.

Contractor shall not store Government records locally or transmit them externally without written authorization.

5.0 Performance Requirements

The Contractor shall perform all tasks in a manner that ensures the following outcomes:

1. Timeliness: The Contractor shall meet all established timeliness requirements for tasks as follows:

o Intake: Triage of complaint file and request(s) for additional information issued within 3 workdays from receipt, initial draft determinations submitted within 12 workdays from receipt, or as approved by Director; revisions as directed by Director, with finalization of draft completed no later than 21 workdays from receipt.

o Reports of Investigations (ROIs): The Contractor shall complete all assigned Program Investigation activities within a maximum of 120 calendar days from the date of assignment of a complete case file, unless otherwise directed by the Government.

Quality Standard: All Investigative Plans and ROIs must meet Government standards for completeness, organization, and accuracy with no more than minor revisions required. If revisions are required, the Contractor must submit the revised document within 3 calendars of receipt.

Documentation Integrity: All investigative actions must be documented and maintained in accordance with Government requirements.

o Final Agency Decisions (FADs): Specifically completing simple cases within 7 workdays and complex, as determined by the Director, cases within 14 workdays from receipt of a complete case file.

2. Quality Assurance: The Contractor shall produce work products that are accurate, well‑reasoned, and free of significant errors. All deliverables must reflect high professional quality and adhere to applicable statutory, regulatory, policy, and procedural standards. No more than two valid complaints per quarter regarding performance.

3. Legal Sufficiency Support: The contractor shall conduct legal sufficiency review of its drafts and provide an accompanying memorandum identifying issues, authorities, and analysis.

The Government will make final legal sufficiency determinations.

4. Corrective Action Tracking: When a finalized FAD requires corrective actions, the Contractor shall support the Government by accurately documenting, updating, and maintaining corrective action tracking information until all actions are completed or otherwise resolved.

6.0 Type of Contract

This is a Performance Based, Firm Fixed-Price Order for non-personnel services and is based on specific, measurable and time-bound deliverables, the contract should be priced on a per-delivery firm fixed price basis.

Required Pricing Structure

• CLIN 1 – Intake Package - $

• CLIN 2 – Investigation (Complex) – $

• CLIN 3 – FAD - $

Each deliverable is paid only upon COR acceptance and must meet:

• Timeliness standard

• Quality and completeness standard

• Documentation and formatting requirements

• 508 accessibility requirements

• Required attachments and exhibits

Rework required due to contractor error is performed at no additional cost.

The COR will monitor performance on a routine basis to ensure performance, quality, timeliness, and appropriate personnel are always working. Should performance stray at any time, the CO and/or the COR may step into the process and take corrective actions to alleviate any potential damage to overall performance.

Contractor personnel are not subject to the supervision or control of Government officials in the manner of Federal employees, and the contractor shall manage its staff and work assignments independently. However, to ensure effective program management and compliance with all performance standards, the Government will exercise robust oversight, consistent with this PWS.

Such oversight may include periodic reviews, data validation, and required corrective actions when contractor performance does not meet specified requirements. These oversight activities do not constitute personal services and do not replace the contractor’s responsibility to manage its workforce

7.0 Qualifications of Contracting Firm and Contractors

The Contractor shall have the organizational capability, subject‑matter expertise, and professional experience necessary to develop high‑quality deliverables as described in section 5.0 for federal program discrimination complaints. At a minimum, the Contractor shall demonstrate the following qualifications:

1. At least three (3) years of experience working in Federal sector of civil rights matters involving Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title VIII of Civil Rights Act of 1968, (Fair Housing Act), Equal Credit Opportunity Act of 1974, Americans with Disabilities Act of 1990, Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972.

2. Subject‑Matter Expertise in Federal Civil Rights Program Complaints: Demonstrated knowledge of federal civil rights statutes (as listed above), implementing regulations, and program‑specific nondiscrimination requirements governing federally assisted and conducted programs.

3. Experience Preparing Legal Determinations: Documented experience drafting well‑reasoned, evidence‑based legal decisions or determinations for federal agencies, including findings of fact, issue framing, legal analysis, conclusions, and remedies.

4. Timeliness Capabilities: Proven ability to meet strict federal timelines for all deliverables, as set forth above (Section 5.0) .

5. Legal Sufficiency Proficiency: Demonstrated ability to ensure legal sufficiency of all deliverables prior to Government review, including accurate factual findings (relevant, material and reliable) and conclusion of law, delineation of jurisdiction and authority of USDA, appropriate legal theories and standards, proper identification of issues, correct citation of authority, sound legal analysis, and required notices.

6. Strong Analytical and Technical Writing Skills: Capability to prepare clear, defensible, and logically structured deliverables supported by the official case record.

7. Experience with Administrative Procedures: Familiarity with federal administrative processes, documentation standards, and decision‑making protocols relevant to civil rights enforcement.

8. Quality Assurance Infrastructure: An established internal quality control process that ensures all deliverables are error‑free, meet legal sufficiency standards, and comply with Government formatting and procedural requirements.

9. Professional Staffing: Personnel with relevant legal or policy backgrounds or experience as a paralegal analyst, or civil rights professional—who possess demonstrated experience in federal civil rights program complaint adjudication.

10. Data Protection Competency: Ability to securely handle sensitive case files and personally identifiable information in compliance with federal privacy, confidentiality, and security requirements.

Failure to fully satisfy the above requirements will result in the Contracting Firm being deemed ineligible.

8 Invoices Submit invoices electronically, no more than monthly, through the Invoice Processing Platform (IPP) via www.ipp.gov. Each invoice must list the CLIN(s) delivered, case identifier, and COR acceptance date. Because this is a Firm Fixed‑Price contract, the Government does not require time logs or labor‑hour reporting.

9.0 Confidentiality and Privacy

The contractor personnel will have access to information of a confidential nature and protected by the Privacy Act. They will be asked to sign a non-disclosure agreement and to complete training on security awareness and Privacy Act protections. The contactor personnel may not remove any materials from USDA, including case files or work products. Other precautions may be taken, as needed, to protect the confidentiality of the information involved in the assignments.

10.0 Conflict of Interest

If, for any reason, CCRE or the Contracting Firm determines that a contractor staff member presents a potential, perceived, or actual conflict of interest, they shall cease all work, unless arrangements can be made to avoid conflict of interest.

11.0 Key Personnel

Note: Contract employees in key positions cannot be replaced or substituted without approval of both the COR and CO,

12.0 COR Limitation of Authority

The COR is responsible for monitoring the Contracting Firm’s performance as stated in Sections 7 and 8. However, any proposed modifications to the task order, such as changes to the scope of work or to the terms and conditions of the task order must be authorized by the CO.

13 USDA Points of Contact’s (POC’s)

Contracting Officer (CO):

Contracting Officer Representative (COR):

http://www.ipp.gov/