Solicitation Document_15PBJA23Q00000004.pdf

15PBJA23Q00000004 Page 1 of 87

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15PBJA23Q00000004

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/13/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

08/15/2023 11:00 ET

CODE 15PBJA

DOJ, Office of Justice Programs

Bureau of Justice Assistance

810 7th Street, NW

Washington, DC 20531

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

541611

SIZE STANDARD:

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

SEE SCHEDULE

CODE 15PADA16. ADMINISTERED BY

DOJ, Office of Justice Programs Office of Administration 810 7th Street, NW Washington, DC 20531

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

GOJPOCFOCODE18a. PAYMENT WILL BE MADE BY

DOJ, Office of Justice Programs Office of the Chief Financial Officer 810 7th Street, NW Washington, DC 20531 ojp.vendorinvoices@ojp.usdoj.gov

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Contractor shall provide all labor, supervision, materials, equipment, tools, facilities, transportation, and other items and non-personal services necessary to perform the work as defined in this Contract, except those items specified as GFP.

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Larrieka D Knox

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15PBJA23Q00000004 Page 2 of 87

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

15PBJA23Q00000004 Page 3 of 87

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Support Services for the Operation and Management of the Bureau of Justice Assistance’s (BJA’s) Prison Rape Elimination Act (PREA) Audit Function

Labor Hours

PSC: R499

Base Period

0 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

0002 Travel

The Contractor will be reimbursed for all domestic travel as described in the SOW, incurred directly and specifically in the performance of this contract, claimed by the Contractor and accepted by the Contracting Officer. Travel shall be in accordance with Federal Travel Regulations

Time and Materials

PSC: R499

Line Period of Performance: 09/25/2023 - 09/24/2024

Base Period

0 YR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Support Services for the Operation and Management of the Bureau of Justice Assistance’s (BJA’s) Prison Rape Elimination Act (PREA) Audit Function

Labor Hours

PSC: R499

Option Period

0 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

1002 Travel

The Contractor will be reimbursed for all domestic travel as described in the SOW, incurred directly and specifically in the performance of this contract, claimed by the Contractor and accepted by the Contracting Officer. Travel shall be in accordance with Federal Travel Regulations

Time and Materials

PSC: R499

Line Period of Performance: 09/25/2024 - 09/24/2025

Option Period

0 YR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Support Services for the Operation and Management of the Bureau of Justice Assistance’s (BJA’s) Prison Rape Elimination Act (PREA) Audit Function

Labor Hours

PSC: R499

Option Period

0 YR $________ $_________________

15PBJA23Q00000004 Page 4 of 87

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

2002 Travel

The Contractor will be reimbursed for all domestic travel as described in the SOW, incurred directly and specifically in the performance of this contract, claimed by the Contractor and accepted by the Contracting Officer. Travel shall be in accordance with Federal Travel Regulations

Time and Materials

PSC: R499

Line Period of Performance: 09/25/2025 - 09/24/2026

Option Period

0 YR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Support Services for the Operation and Management of the Bureau of Justice Assistance’s (BJA’s) Prison Rape Elimination Act (PREA) Audit Function

Labor Hours

PSC: R499

Option Period

0 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

3002 Travel

The Contractor will be reimbursed for all domestic travel as described in the SOW, incurred directly and specifically in the performance of this contract, claimed by the Contractor and accepted by the Contracting Officer. Travel shall be in accordance with Federal Travel Regulations

Time and Materials

PSC: R499

Line Period of Performance: 09/25/2026 - 09/24/2027

Option Period

0 YR $________ $________$________$_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Support Services for the Operation and Management of the Bureau of Justice Assistance’s (BJA’s) Prison Rape Elimination Act (PREA) Audit Function

Labor Hours

PSC: R499

Base Period

0 YR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICEMATERIAL

COSTS

TRAVEL

COSTS

AMOUNT

4002 Travel

The Contractor will be reimbursed for all domestic travel as described in the SOW, incurred directly and specifically in the performance of this contract, claimed by the Contractor and accepted by the Contracting Officer. Travel shall be in accordance with Federal Travel Regulations

Time and Materials

PSC: R499

Line Period of Performance: 09/25/2026 - 09/24/2027

Option Period

0 YR $________ $________$________$_________________

TABLE OF CONTENTS

SECTION A (SF1449)

SECTION B- SUPPLIES OR SERVICES & PRICES/COSTS CONT

SECTION C- STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

SECTION E- INSPECTION AND ACCEPTANCE

SECTION F- DELIVERIES AND PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

SECTION J – LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

SECTION L - INSTRUCTIONS TO OFFERORS & EVALUATION PROCEDURES

SECTION M - BASIS FOR AWARD AND EVALUATION METHODOLOGY

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

This requirement is in support of the continued operation and management of the Bureau of Justice Assistance’s (BJA’s) Prison Rape Elimination Act (PREA) Audit Function that is directed by the Bureau of Justice Assistance’s (BJA) PREA Management Office (PMO), within the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ).

B.2 TYPE OF CONTRACT

The Government anticipates awarding a Labor Hour type contract as a result of this solicitation.

B.3 SEVERABLE SERVICES

The services acquired under this contract are severable services. Funds are only available for use for the contract line item (CLIN) to which they are obligated.

B.5 CONSIDERATION AND PAYMENT

In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid in accordance with the fixed loaded hourly rates as shown herein for the specified categories of labor based on the number of actual hours incurred in the performance of the work specified. Fully loaded rates shall be all inclusive of direct labor, fringe benefits, applicable indirect costs, and any profit for each labor category. Additionally, the contractor shall be paid for materials and travel directly chargeable to this contract. If the options are exercised funding will be obligated by modification to the contract. The base period and option periods are priced as follows:

LABOR AND RATE SCHEDULE FOR CLIN 0001 - Base Period:

Labor Categories Loaded Rates Estimated Hours Estimated Total

Labor Subtotal

CLIN Ceiling (Not to Exceed)

CLIN 0002 - Base Period:

Travel

(NTE) $50,000

LABOR AND RATE SCHEDULE FOR CLIN 1001 – Option Period 1:

CLIN 1002 - Option Period 1:

(NTE) $200,000

LABOR AND RATE SCHEDULE FOR CLIN 2001 – Option Period 2:

CLIN 2002 - Option Period 2:

(NTE) $200,000

LABOR AND RATE SCHEDULE FOR CLIN 3001 – Option Period 3:

Labor Categories Loaded Rates Estimated Hours Estimated Total

Labor Subtotal $

CLIN 3002 - Option Period 3:

(NTE) $200,000

LABOR AND RATE SCHEDULE FOR CLIN 4001 – Option Period 4:

Labor Categories Loaded Rates Estimated Hours Estimated Total

Labor Subtotal $

CLIN 4002 - Base Period:

(NTE) $200,000

TOTAL Potential Value inclusive of all CLINS: ________________________

B.7 CEILING PRICE

The hours and total price per labor category are for budgeting purposes only. The number of hours actually used for each category may exceed or be less than the estimate by category as long as the ceiling price for the CLIN is not exceeded. The ceiling for each CLIN is identified in Section B. The Government shall not be obligated to pay any amount in excess of this ceiling price nor is the Contractor obligated to continue performance if to do so would exceed this ceiling price. In the event that the Government chooses to exercise optional CLINS, unused funds from a previous CLIN may not be used to fund any services taking place in a subsequent CLIN. The ceiling price may be modified by the Government if it is determined that the estimated hours or estimated materials are insufficient for the work required.

B.8 ADDITIONS AND CHANGES TO LABOR CATEGORIES

It may be necessary to add or change labor categories during performance of this contract in order to carry out the services described in Section C. If new labor categories are added, or existing labor categories revised, the parties will negotiate the labor category(ies) prior to the incorporation into the contract. Any new labor rate proposed will be evaluated for price reasonableness.

(END OF SECTION B)

SECTION C – STATEMENT OF WORK

STATEMENT OF WORK

US DEPARTMENT OF JUSTICE (DOJ)

OFFICE OF JUSTICE PROGRAMS (OJP)

BUREAU OF JUSTICE ASSISTANCE (BJA)

Operation and Management of the Prison Rape Elimination Act (PREA) Audit Function

C.1. INTRODUCTION

C.1.1 BACKGROUND

This Statement of Work (SOW) supports the continued operation and management of the Bureau of Justice Assistance’s (BJA’s) Prison Rape Elimination Act (PREA) Audit Function that is directed by the Bureau of Justice Assistance’s (BJA) PREA Management Office (PMO), within the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ). In 2013, DOJ’s PREA Implementation Plan created the PMO, which was assigned to BJA by OJP’s Assistant Attorney General. The PMO carries out DOJ’s PREA implementation responsibilities that are defined in the PREA statute and the PREA Standards, including directing, enhancing, and expanding the PREA Audit Function as increasing numbers of confinement facilities and agencies across the nation pursue PREA audits.

The PREA statute was passed unanimously by both houses of Congress and signed into law in

2003.1 The statute includes numerous mandates to be carried out by DOJ, including creating and implementing national standards to prevent, detect, and respond to sexual abuse in confinement facilities. In 2012, DOJ released the PREA Standards, which apply to approximately 13,000 confinement facilities across the country, including prisons and jails, juvenile confinement facilities, police lockups, and community confinement facilities.2 There are four sets of Standards that correspond to these four facility types; each set includes more than 300 specific provisions that confinement facilities and agencies that oversee these facilities must follow to achieve full compliance. The topics covered by the PREA Standards include prevention planning, responsive planning, training and education, screening for risk of sexual victimization and abusiveness, reporting, official response following an inmate report, investigations, discipline, medical and mental care, data collection and review, and audits and corrective action.

As required by the PREA Standards, the PMO created and implemented DOJ’s PREA Audit Function in 2013. PREA Standards 115.401 – 115.405 focus on the PREA Audit Function and define auditing obligations and timelines for the 13,000 confinement facilities referenced above.

Since August 2013, DOJ-certified PREA auditors have reported completing more than 8,000 PREA audits in all 50 states, the District of Columbia, Puerto Rico, and Guam.

Following the passage of the PREA statute and the promulgation of the PREA Standards by DOJ, two amendments to the statute were passed by Congress and signed into law. Both amendments increase the responsibilities and legal authority of the PMO related to the PREA Audit Function. The 2016 PREA amendment, under the Justice for All Reauthorization Act,3 requires the PMO to request and make publicly available on a website all audit reports for confinement facilities under the operational control of states’ and territories’ executive branch of government,4 and authorizes the PMO to request fingerprint-based background checks for PREA auditor candidates and certified auditors seeking recertification.

The 2018 PREA amendment, under the U.S. Parole Commission Extension Act of 2018,5 names the PMO specifically and requires it to:

Evaluate DOJ-certified PREA auditors’ performance and conduct, and to take remedial or disciplinary action (including suspension and decertification) when auditors fail to meet the requirements of their DOJ-issued certification.

Publish the names of auditors who have been decertified, and the reason for decertification.

Notify impacted agencies and facilities when an auditor is decertified and recommend that the agency repeat any affected audits, if appropriate.

1 34 U.S.C. § 30301 et seq.

2 28 C.F.R. Part 115.

3 Pub. L. No. 114-324.

4 https://data.ojp.usdoj.gov/stories/s/PREA-Dashboard/e58i-aehm/.

5 Pub. L. No. 115-274.

Establish a system for assigning DOJ-certified auditors to federal, state, and local confinement facilities.

This SOW defines the scope of work, tasks, and expertise required to support the PMO’s ongoing efforts to carry out its requirements related to operating and managing the PREA Audit Function, as defined in the PREA statute, the two amendments to this statute, and PREA Standards. The primary purpose of this contract is to enhance the quality, objectivity, comprehensiveness, and reliability of PREA audits across the country.

C.1.2 OBJECTIVE AND TASKS

The objective of this contract is to support BJA’s PMO in carrying out an array of mission-critical tasks related to the PREA Audit Function that were previously funded by BJA via a competitively awarded cooperative agreement called, the National PREA Resource Center.6 These tasks are described below and include:

1. Training, certifying, and recertifying PREA auditors.

2. Supporting the PREA Audit Oversight Program to enhance the quality and integrity of audits.

3. Administering the PREA Online Audit System.

4. Managing the use of and enhancing the PREA Audit Instrument.

5. Administering the PREA Audit Assignment System.

6. Managing the process for governors to submit PREA certifications and assurances to DOJ.

7. Developing and piloting an Excellence in PREA Auditing Consortium.

These tasks are briefly described below. For additional requirements and sub-tasks, please see, Section 3. Performance Requirements, of this SOW.

Task 1: Training, certifying, and recertifying PREA auditors

To date, BJA’s PMO has directed the training and certification process for more than 1,000 PREA auditors. Currently, there are more than 265 DOJ-certified PREA auditors, and more than 70 auditor candidates are pursuing certification. A DOJ-issued PREA auditor certification lasts for three years, and the selected contractor will manage and track the certification and recertification statuses of every PREA auditor. The contractor will also work under the direction of BJA’s PMO and the COR to:

Manage the auditor candidate application process beginning with a new cohort of 50 or more auditor candidates.

Conduct auditor candidate trainings and administer related exams.

Manage probationary certification for newly-certified auditors.

Offer continuing education opportunities to auditors, so that they can fulfill their educational responsibilities required by their DOJ-issued certification.

Administer the recertification process for each PREA auditor every three years, and manage any appeals related to this process that are submitted by auditors.

Task 2: Supporting the PREA Audit Oversight Program to enhance the quality and integrity of audits

6 https://www.prearesourcecenter.org/audit/overview.

As described above, the PREA statute explicitly requires BJA’s PMO to evaluate the work of all DOJ-certified PREA auditors to determine if they are carrying out their auditing responsibilities, as defined in the PREA Auditor Handbook and the PREA Auditor Certification Agreement. To fulfill this legal obligation, the PMO has created and implemented a comprehensive, data-driven process to evaluate the work of all DOJ-certified auditors, and established several interventions to use when auditors’ work is not consistent with their responsibilities, as imposed by DOJ.

These include peer review, disciplinary review, suspension of a DOJ-issued certification, remediation, and decertification. The selected contractor will be responsible for supporting the PMO in carrying out these interventions, and will work under the direction of BJA’s PMO and the COR to:

Analyze the extent to which auditors’ work reflects the audit methodology defined in the

PREA Auditor Handbook.

Collect and manage information collected via the “Auditor Feedback Form,”7 a formal method the PMO uses to gather information about the work and conduct of auditors.

Carry out detailed reviews of the audit documentation submitted to DOJ by PREA auditors8 to identify instances in which auditors misapplied the PREA Standards (i.e., made compliance determinations that are inconsistent with the audit documentation they collected and provided to DOJ), made compliance determinations without sufficient documentation/evidence, and/or did not follow the required PREA audit methodology that is defined in the PREA Auditor Handbook.

Draft needed correspondence to PREA auditors whose work is evaluated by the PMO.

Task 3: Administering the PREA Online Audit System

The PREA Online Audit System9 is designed to help DOJ-certified PREA auditors, and facilities and agencies receiving PREA audits, to streamline, organize, and automate much of the PREA audit process in a secure, user-friendly environment. The use of the PREA Online Audit System is mandatory for all DOJ-certified PREA auditors, and all facilities/agencies receiving PREA audits. The selected contractor will work under the direction of BJA’s PMO and the COR to:

Ensure that the Online Audit System continues to reside in a highly secure environment that meets the federal “medium” security requirements mandated by the Federal Information Security Management Act (FISMA).

Provide a safe and secure electronic platform for facilities/agencies and DOJ-certified auditors to share, review, and store sensitive audit documentation, including personally identifying information (PII) and personally identifying health information (PHI).

Deliver robust, comprehensive technical support to PREA auditors—and to confinement facilities and agencies receiving audits—on the use of the Online Audit System.

Maintain and renew, as required by the Office of Justice Programs’ Office of the Chief Information Office, a formal Authorization to Operate, which confirms ongoing compliance with FISMA.

Task 4: Managing the use of and enhancing the PREA Audit Instrument

7 https://www.prearesourcecenter.org/audit/auditor-feedback-form.

8 PREA Standard 115.401(j).

9 https://www.preaaudit.org/.

The PREA Audit Instrument, which is integrated into the PREA Online Audit System, provides critical, step-by-step guidance to DOJ-certified auditors on the conduct and contents of PREA audits. The instrument is organized based on the PREA Standards and provides instructions to auditors about the information that must be collected and analyzed to make compliance determinations about the more than 300 specific provisions contained in the Standards. The contractor will work under the direction of BJA’s PMO and the COR to:

Serve as a proactive, responsive resource for DOJ-certified PREA auditors on the use of the

PREA Audit Instrument.

Revise and update the components of the PREA Audit Instrument on an as needed basis, with the goal of enhancing the quality, objectivity, comprehensiveness, and reliability of PREA audits across the country.

Task 5: Administering the PREA Audit Assignment System

Per the 2018 PREA amendment, BJA’s PMO created and implemented the PREA Audit Assignment System on June 30, 2022, in collaboration with the National PREA Resource Center to assign certified auditors to federal, state, and local facilities.10 In order to receive approval from the PMO to be assigned to proceed with an audit, an auditor must submit a copy of the audit contract with the audited confinement facility/agency, and confirm they are a party to the contract or other agreement with the audited agency. Once approved, information about the audit is posted to the PREA Resource Center website, so that corrections practitioners, advocates, families of incarcerated individuals, and other members of the public can view a list of upcoming audits. The information that is collected in the system also enables the PMO to identify PREA auditing trends that inform its ongoing work to enhance the quality and integrity of the PREA Audit Function. The contractor will work under the direction of BJA’s PMO and the COR to:

Manage and administer the PREA Audit Assignment System.

Use the system to make information about upcoming PREA audits publicly available.

Collect and analyze data from the system to enhance the PMO’s understanding of auditing practices and trends, and position the PMO to take steps to enhance the quality, objectivity, comprehensiveness, and reliability of PREA audits across the country.

Task 6: Managing the process for governors to submit PREA Certifications and Assurances to DOJ

The PREA statute provides that if a governor is not able to certify to DOJ that his or her state or territory is in full compliance with the PREA Standards, the governor has the option to submit an assurance to DOJ that not less than five percent of certain DOJ grant funds will be used solely for the purpose of enabling the state or territory to achieve and certify full compliance with the Standards in future years.11 If a governor is not able to certify to DOJ that the state or territory is in full compliance with the Standards and elects not to submit an assurance, the state or territory will be subject to a loss of five percent of certain DOJ grant funds that it would otherwise receive.12 To comply with the PREA statute, governors must, each year on October

10 https://www.prearesourcecenter.org/audit/prea-audit-assignment-system.

11 34 U.S.C. § 30307(e)(2). The option to submit an assurance is only available in October 2023 and October 2024.

After October 2024, governors will only have the option to submit a certification of full compliance with the PREA standards or lose five percent of impacted DOJ grant funds.

12 Ibid.

15, submit either a certification of full compliance with the PREA Standards, or an assurance to DOJ, along with additional materials that are required by the 2016 amendment to the PREA statute. The selected contractor will provide significant support to BJA’s PMO each year in carrying out DOJ’s statutory responsibilities related to PREA submissions that are made by the nation’s governors.

Task 7: Developing and piloting an Excellence in PREA Auditing Consortium

In light of the ongoing concerns of BJA’s PMO—and of other DOJ offices and bureaus— related to the quality and integrity of PREA audits, the contractor will, with direction of BJA’s PMO and the COR, create and pilot an Excellence in PREA Auditing Consortium. The contractor will:

Establish and implement a data-driven process to identify DOJ-certified PREA auditors who are successfully carrying out the requirements in the PREA Auditor Handbook and PREA Auditor Certification Agreement and interested in being part of piloting the Excellence in PREA Auditing Consortium.

Create and utilize an objective process to select confinement facilities/agencies that are committed to successfully achieving and maintaining compliance with the PREA Standards and interested in receiving a PREA audit from the DOJ-certified PREA auditors who are part of the pilot.

Match these confinement facilities/agencies with DOJ-certified PREA auditors who are part of the pilot, and cover all costs associated with the audits, from audit initiation through the submission of the final audit report.

Work collaboratively with the PREA Resource Center to deliver technical assistance to confinement facilities/agencies that receive audits via the pilot and are found to be out of compliance with one or more PREA Standards.

Collect lessons and learnings from the audits conducted by DOJ-certified auditors who are part of the pilot, and partner with the BJA’s PMO and the COR to use these to guide needed enhancements and reforms to the PREA Audit Function.

Expertise:

Two primary types of expertise will be required to achieve the objective of this contract, and to carry out the tasks and related activities associated it:

1. Substantive expertise related to successful implementation of the PREA Standards and auditing compliance with the requirements defined therein.

2. Technical expertise required for the effective administration of the PREA Online Audit System and related databases, as well as the PREA Audit Assignment System, and the collection and analysis of data and information related to PREA audits.

These two types of expertise are vital in supporting the ongoing efforts of BJA’s PMO to enhance the quality and integrity of PREA audits, and to evaluate the extent to which PREA auditors are upholding the requirements associated with their DOJ-issued certification that are defined in the PREA Auditor Handbook. Each type of expertise is further defined below.

Substantive Expertise: Implementing the PREA Standards, auditing compliance with them

Knowledge of the content of and requirements in the PREA Standards.

Knowledge of the requirements that DOJ imposes on certified PREA auditors, as defined in the PREA Auditor Handbook and the PREA Auditor Certification Agreement.

Experience implementing the PREA Standards in the four facility types they cover (i.e., prisons and jails, juvenile confinement facilities, community confinement facilities, and police lockups).

Experience working on a national level with, and delivering technical assistance and/or training to, PREA auditor candidates, DOJ-certified PREA auditors, and agencies and facilities with obligations under the PREA Standards.

Experience with PREA audits that has resulted in the identification of potential steps that can be taken to enhance the quality, effectiveness, and impact the strategic support, technical assistance, and training that is delivered nationally to PREA auditor candidates, DOJ-certified PREA auditors, and agencies and facilities with obligations under the PREA Standards.

Understanding of the common challenges that DOJ-certified auditors have in successfully carrying out DOJ’s auditing requirements that are defined in the PREA Auditor Handbook and the PREA Auditor Certification Agreement.

Experience collecting, organizing as necessary, and critically reviewing large amounts (i.e., hundreds or thousands of pages) of documentation and information from disparate sources.

Experience collecting, organizing as necessary, and critically reviewing large amounts (i.e., hundreds of pages per PREA audit) of underlying documentation related to individual PREA audits is strongly preferred by BJA’s PMO. The purpose of this process of collecting, organizing, and reviewing underlying PREA audit documentation is to identify instances when:

o Auditors’ compliance determinations are inconsistent with the audit documentation they collected.

o Auditors do not collect sufficient documentation to make compliance determinations.

o Auditors are not following the PREA audit methodology prescribed in the PREA

Auditor Handbook.

Understanding of the training needs of PREA auditors that are essential to position and equip them to carry out DOJ’s auditing requirements that are defined in the PREA Auditor Handbook and the PREA Auditor Certification Agreement.

Experience delivering training to auditors before and after they are certified by DOJ.

Understanding of the processes used to certify, recertify, and decertify PREA auditors.

Knowledge of the PREA Audit Assignment System.

Experience with the PREA Audit Instrument.

Knowledge of adjustments needed to the Audit Instrument to enhance the quality and integrity of PREA audits, and to increase transparency related to PREA audits across the nation.

Demonstrated ability and expertise to work credibly and effectively with—and to support the efforts of—PREA auditor candidates and DOJ-certified PREA auditors.

Demonstrated ability and expertise to work credibly and effectively with state, local, and tribal criminal justice agencies and confinement facilities with obligations under the PREA Standards to prevent, detect, and respond to sexual abuse and sexual harassment of persons who are confined, and to promote efforts to achieve and maintain compliance with the Standards.

Excellent verbal and written communication skills and a demonstrated ability to translate information collected from disparate sources into concise, organized text.

Technical expertise: Administration of the PREA Online Audit System and related databases, collection and analysis of data and information related to PREA audits

Knowledge of and experience using an array of statistical analysis software applications, including, but not limited to, SPSS® Statistics.

Capacity to collect and analyze data from large numbers of disparate sources focused on

PREA auditing (e.g., DOJ-certified auditors across the country).

Knowledge of and experience developing, implementing, managing, and expanding web-based applications that are consistent with the requirements of FISMA.

Capacity and technical expertise to administer and provide needed, ongoing technical support to an array of web-based applications and processes that are vital to the successful operation of the PREA Audit Function, including, but not limited to, the following:

o The PREA Online Audit System.

o PREA auditor certification and recertification.

o Training of PREA auditor candidates and DOJ-certified PREA auditors (including the

PREA Auditor Training and Resource Portal).13 o The PREA Audit Assignment System.

o The PREA Audit Oversight System.

Capacity and technical expertise to manage the appropriate sharing of data and information between and across an array of web-based applications and processes that are vital to the successful operation of the PREA Audit Function. These applications and processes include, but are not limited to, those listed immediately above.

Core Principles of BJA Training

In addition, because the contractor’s work will include the delivery of high-quality training to auditor candidates and DOJ-certified PREA auditors, and support and guidance to auditors, the contractor must uphold BJA’s core principles related to the delivery of training and technical assistance. These include:

Ensuring quality and consistency in the preparation and delivery of training to achieve the appropriate outcomes.

Collecting and analyzing data to support enhancements and targeting of training resources.

Targeting resources to address critical training needs, building capacity to effectively address these needs cost-effectively.

Promoting awareness and adoption of best practices.

Increasing the use of technology to deliver training, share knowledge and resources, and promote best practices.

Leveraging other available resources to enhance training opportunities.

Demonstrating results and cost effectiveness.

13 https://www.prearesourcecenter.org/user/login.

C.1.3 SCOPE

General services covered within the scope of this contract are detailed in Section C.3. The contractor may also render services generally covered under their GSA schedule per Special Item Number (SIN) 541611 - Management and Financial Consulting, Acquisition and Grants Management Support, and Business Program and Project Management Services. The Government reserves the right to include additional task areas within scope due to unforeseen changes in Federal and DOJ direction around this effort.

C.2. GENERAL REQUIREMENTS

This section describes the general requirements for this effort. The following sub-sections provide details of various considerations.

C.2.1 NON-PERSONAL SERVICES

In accordance with FAR 37.101, this contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the Contract’s terms or by the manner of its administration, to the continuous supervision and control of a government officer or employee. The contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of a personal services contract.

C.2.2. BUSINESS RELATIONS

The contractor shall successfully integrate and coordinate all activity needed to execute the requirements specified herein. The contractor shall manage the timeliness, completeness, and quality of the contract deliverables. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of all contractor personnel (including subcontractors). The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

C.2.3. CONTRACT MANAGEMENT

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to this requirement. The contractor must maintain continuity between the support operations at OJP Headquarters and the contractor's corporate offices.

C.2.4. CONTRACT ADMINISTRATION

The contractor shall establish processes and assign appropriate resources to effectively administer this contract. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and contractor personnel assigned to support this contract. The contractor shall assign work effort and maintain proper and accurate time keeping records of personnel assigned to work on this requirement.

C.2.5. PERSONNEL ADMINISTRATION

The contractor shall provide the following management and support as required. The contractor shall provide for employees during designated Government non-work days or other periods where Government offices are closed due to weather or security conditions. The contractor shall maintain any certifications of their employees by providing initial and refresher training as required to meet the SOW requirements. The contractor shall make necessary travel arrangements for employees. The contractor shall provide administrative support to employees in a timely fashion (time keeping, leave processing, pay, emergency needs).

C.2.6. SUBCONTRACT MANAGEMENT

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Contracting Officer or the Contracting Officer Representative (COR).

C.2.7. CONTRACTOR PERSONNEL, DISCIPLINES, AND SPECIALTIES

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The contractor shall ensure the labor categories, labor rates, and man-hours utilized in the performance of each requirement issued hereunder will be the minimum necessary to accomplish the task.

The contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

C.2.8. TRAINING

The contractor shall provide training, as necessary, for their own personnel to ensure that personnel are trained on the common suite of Microsoft Office tools (e.g., Word, Excel, PowerPoint, Access) and other applicable programs. The contractor shall also ensure that all of its employees have been properly trained and are qualified to perform assigned tasks under this SOW. The Government will provide or coordinate training on any new Government-provided equipment or Government-directed training (e.g., Information Assurance). If such training requires travel on the part of contractor employees, local travel costs (i.e., Metro) shall be borne by the contractor.

C.2.9. TRAVEL

Travel to other government facilities or other contractor facilities may be required. All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the government (subject to local policy and procedures), and is on a strictly cost reimbursable basis.

Costs for travel shall be billed in accordance with the regulatory implementation of Public Law

99-234 and FAR 31.205-46 Travel Costs (subject to local policy and procedures). All travel within the National Capital Region (i.e., Metro) shall be borne by the contractor.

C.2.10 LOCATION

Work may be performed at OJP Headquarters, 810 7th Street, NW, Washington, DC, 20531, or remotely as approved by the COR.

Prior to conducting work on this contract, contractor personnel must obtain an authorization to work from the COR or the Contracting Officer.

C.2.11 HOURS OF WORK

Daily work hours will be established upon onboarding. The actual tour of duty may vary for each contract employee, as determined by the COR.

The Government will not be billed for holidays or closures except when services are required by the Government, and are actually performed on a holiday or during a closure. OJP maintains the right to modify and change work duties based on the current situation. When the Government facility is not closed, the contract will at all times maintain an adequate workforce, as determined by the COR, for the uninterrupted performance of the tasks defined within this SOW. The contractor shall understand stability and continuity of the workforce is essential.

C.3. PERFORMANCE REQUIREMENTS

The following section specifies the Performance Objectives and Performance Elements for the contract.

Major Tasks Task Description

Task 1 Training, certifying, and recertifying PREA auditors Task 2 Supporting the PREA Audit Oversight Program to enhance the quality and integrity of audits Task 3 Administering the PREA Online Audit System

Task 4 Managing the use of and enhancing the PREA Audit Instrument

Task 5 Administering the PREA Audit Assignment System

Task 6 Managing the process for governors to submit certifications and assurances to DOJ

Task 7 Developing and piloting an Excellence in PREA Auditing Consortium

C.3.1. Task AREA 1: Training, certifying, and recertifying PREA auditors

The Contractor will provide and deliver all services related to training, certifying, and recertifying PREA auditors.

C.3.1.1 Auditor certification. In each year of the contract, the contractor will support and enhance, as needed and with direction from BJA’s PMO and the COR, DOJ’s existing process to certify PREA auditors. It is anticipated that this process will result in the training of between 200 and 300 auditor candidates throughout the five-year duration of the contract. The first cohort of 50 or more auditors to be certified under this contract will be selected via a competitive process in the Base/1st Year of this contract. The certification process for this cohort will also begin in the Base/1st Year of the contract and end in the 2nd Year. The contractor will then certify 50 or more auditors each year starting in Year 2 of the contract. The work of the contractor to direct and support the certification of auditors must be consistent with the relevant PREA Standards, including 115.402(a) and (b) that focus on the minimum qualifications for PREA auditors, and with the existing certification process described in the PREA Auditor Handbook. Required sub-tasks, to be carried out with direction from BJA’s PMO and the COR, include:

A. Develop and use a comprehensive outreach and communication strategy for the field about the opportunity to apply to become a DOJ-certified auditor. This strategy will focus on an array of disciplines, including corrections and juvenile corrections, law enforcement, advocacy for victims of sexual abuse and persons who are confined, prosecution, defense, and others to be identified by the contractor, with direction from BJA’s PMO and the COR.

B. Identify and make needed enhancements to the existing, online process for auditor candidates to complete and submit accurate, comprehensive applications.

C. Conduct telephone/virtual interviews of potential auditor candidates to develop a clearer sense of their ability/capacity to carry out the methodological and other requirements associated with PREA audits that are defined by DOJ in the PREA Auditor Handbook.

D. Use objective criteria to evaluate the cohort of applicants to become auditor candidates.

E. Submit a recommended list of auditor candidates, including alternates, for consideration and final approval by BJA’s PMO and the COR.

F. Conduct comprehensive outreach to the auditor candidates approved by BJA’s PMO and the COR to communicate their selection, and to begin to convey the many expectations associated with DOJ’s process to train and certify PREA auditors.

G. Use a PREA Auditor Trainee Code of Conduct that defines expectations associated with the training and certification process that must be signed by all auditor candidates.

H. Plan and administer a comprehensive 40+ hour, highly interactive PREA Auditor Candidate Training with both virtual and in-person components for all candidates that builds upon and enhances the existing training, and focuses on the meaning and requirements of all provisions defined in the PREA Standards. The virtual portion of this training must be available in a centralized learning hub/Learning Management System to be administered by the contractor. The in-person component will also be managed by the contractor. It is anticipated that the in-person portion of this training will be convened at DOJ’s OJP, which is located at 810 7th Street, Northwest, in Washington, DC.

I. Administer robust, comprehensive pre- and post-training examinations for all auditor candidates that they must pass to proceed with the certification process.

Auditor candidates who do not achieve a passing score a training examination will be granted one opportunity to retake it. Auditor candidates who fail a retake will not be permitted to continue in the training and certification process.

J. Manage, oversee, and enhance, in consultation with BJA’s PMO and the COR, the Field Training Program for PREA auditor candidates.14 Participation in and completion of all elements of the Field Training Program are requirements to be certified as a PREA auditor by DOJ. The goals of the Field Training Program are to strengthen auditor candidates’ understanding of how to evaluate compliance with the PREA Standards, hone their auditing skills, and provide them with a structured opportunity to implement the audit methodology prescribed in the PREA Auditor Handbook. Participation in the Field Training Program currently requires approximately 40-45 hours during the pre-onsite audit phase, 50-55 “working hours” during the onsite audit phase, and 45-50 hours during the post-onsite audit phase. As a part of managing all aspects of the Field Training Program, the contractor must also develop and use a comprehensive outreach and communication strategy to confinement facilities/agencies about the opportunity to apply to host Field Training Program events. Auditor candidates will then be assigned by the contractor to a specific training audit based on geographic location and other considerations (e.g., schedule availability, etc.), and will be expected to complete the full training audit (approximately 19 weeks for the pre-onsite audit, onsite, and post-onsite audit phases) that is managed by the contractor. Each Field Training Program event that is convened at a host facility will typically include 6-9 PREA auditor candidates.

K. Develop and use a comprehensive outreach and communication strategy to identify mentors for auditor candidates. During their participation in the Field Training Program, each auditor candidate must be assigned a mentor by the contractor. These mentors will support the efforts of the auditor candidates to complete the certification process, and will work with them following the issuance of a certification by DOJ. The PMO expects that these mentors will be DOJ-certified PREA auditors. They can be staff members who work for the organization/company in receipt of this contract or subcontractors.

L. Ensure auditor candidates complete and submit the Auditor Certification Agreement. After each cohort of 50 or more auditor candidates successfully completes all of the above requirements, the contractor will assist BJA’s PMO to grant auditors probationary certification status, on behalf of DOJ. To be placed in probationary certification status, the auditor candidate must read, agree to abide by, and sign the Auditor Certification Agreement that is included in the PREA Auditor Handbook. A DOJ-issued auditor certification last for 3 years.

M. Monitor and track each auditor’s certification date, so that the recertification process can be initiated by the contractor with each auditor on the appropriate date. See below for more information about the contractor’s requirements related to the recertification of auditors every 3 years.

N. Manage the process to allow dual certification. Based on an auditor candidate’s experience and work history, they may be trained and certified to conduct audits of adult facilities (including prisons and jails, community confinement facilities, and lockups), juvenile facilities, or both types of facilities. Once certified by DOJ, auditors are only authorized to conduct audits for the facility type for which they are certified. Requests for dual certification, as defined in the PREA Auditor Handbook, must be approved by BJA’s PMO and the COR.

14 www.prearesourcecenter.org/implementation/training/field-training-audit.

O. Ensure that certified auditors’ names, certification date, and other relevant information are posted on a public facing website.15

C.3.1.2 Probationary Certification.