Source_Sought_SOW_Chief_Magistrate.pdf

This Sources Sought Notice is for market research purposes only. The Bureau of Indian Affairs, Southwest Regional Office, Branch of Acquisition, is conducting a market research and is issuing this notice to locate qualified, experienced, and interested Indian Economic Enterprises (IEE), as defined under the Buy Indian Act, 25 U.S.C. 47, to provide Chief Magistrate Services. A Statement of Work is included with this noticed. This notice does not obligate the Government to award a contract. Any information provided by industry to the Government as a result of this sources sought notice and market research is strictly voluntary. This is not a solicitation announcement and is not to be construed as a commitment by the Government for any purpose other than market research. Telephone and email inquiries will not be accepted at this time since there is no further information available. No reimbursement will be made for any costs associated with providing information in response to this notice. Any information submitted by respondents to this notice is strictly voluntary. It is requested that only those that meet the definition under the Buy Indian Act, 25 U.S.C. 47, submit their response to this notice. Indian means a person who is a member of an Indian Tribe or “Native” as defined in the Alaska Native Claims Settlement Act (PL 92-203; 85 Stat 688; 43 U.S.C. 1601). Representation means the positive statement by an enterprise of its eligibility for preferential consideration and participation for acquisitions conducted under the Buy Indian Act, 25 U.S.C. 47, in accordance with the procedures in 48 FAR Subpart 1480.8. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. IEEs responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization's qualifications; relevant knowledge and experience; satisfactory past performance; has financial capacity;

and capability to perform the work. Provide a website link if the IEE has on-line information and DUNS number for verification in the System for Award Management (SAM). 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. No proprietary, classified, confidential, or sensitive information should be included in your response. Interested IEE parties are requested to submit the information via email to the Jeff Sena, Contracting Officer, at jeff.sena@bia.gov, no later than 02:00 PM, MT, July 27, 2016.

mailto:jeff.sena@bia.gov

Statement of Work Chief Magistrate for Ute Mountain Ute and Santa Fe Indian School

A. The BIA Office of Justice Services (OJS), Tribal Justice Support is seeking the services of a Full Time Chief Magistrate for Ute Mountain Ute Court of Indian Offenses and Albuquerque/Santa Fe Court of Indian Offenses. The Chief Magistrate will be primarily responsible for presiding over the civil, criminal and juvenile dockets of the Courts of Indian Offenses at Ute Mountain and Albuquerque/Santa Fe Court of Indian Offenses.

B. The Ute Mountain Ute Tribe is located in Towaoc, Colorado and the Albuquerque/Santa Fe Court of Indian Offenses in located in Santa Fe, New Mexico and Albuquerque, New Mexico.

C. The Ute Mountain Ute Tribe (CFR Court) located at Towaoc, Colorado and was established to preside over the civil, criminal and juvenile dockets within the territorial jurisdiction of the Ute Mountain Ute Tribe.

D. The Court of Indian Offenses (CFR Court) in Santa Fe, New Mexico was established to protect the Santa Fe Indian School staff and students as well as employees and patients of the Santa Fe Indian Health Hospital and will preside over the criminal, civil and juvenile dockets for the within the territorial jurisdiction. In Albuquerque, New Mexico, the CFR Court was established to provide civil and criminal incidents that arise on the Albuquerque School Trust property.

E. The CFR Courts shall assure the quality judicial services are provided for civil and criminal incidents that arise on the trust properties. The predominate duties will be at the Ute Mountain Ute CFR Court. OJS estimates that over 95% of the duties under this Statement of Work will be conducted at the Ute Mountain Ute CFR Court. The remaining duties, averaging less than 6 cases a year, will be at the Santa Fe Indian School CFR Court in Santa Fe, New Mexico. Further less than 1% of the duties will be required at the Albuquerque, New Mexico CFR Court.

F. The Chief Magistrate will:

1. Will preside over the civil, criminal, and juvenile dockets of the Courts of Indians within the territorial jurisdiction of the Ute Mountain Ute Tribe and the Santa Fe Indian School properties which include the Santa Fe Indian Health Services office.

2. Will make judgements and decisions based on the Federal Rules of Civil and Criminal Procedure as well as the Federal Rules of Evidence, and Title 18 United States Code as well as 25 CFR Part 11.

Further, the Chief Magistrate will also use the Ute Mountain Ute Tribe’s Penal Civil and Criminal Code, customs/traditions of the Ute Mountain Ute Tribe.

3. Will make judgements and decisions based on the Santa Fe Indian School Alternative Dispute Resolution and the PASS program, or any other policy agreed to by the Santa Fe Indian School and the Bureau of Indian Affairs.

4. Responsible for the general administration of the contract, including submitting reports and invoices.

5. The Chief Magistrate is required to attend and participate in training seminars, workshops, and or conferences that directly relate to the Chief Magistrate services. The Contracting Officer may authorize attendance at similar activities sponsored by other judicial organizations.

6. The Chief Magistrate is required to work with the BIA and the Office of the Solicitor to complete the re-write of Title 25 CFR Part 11, including both the criminal codes as well as civil and juvenile codes.

7. Establish a work schedule, which will include time for judicial services, administrative matters, research, conferences, library time, and to conduct hearings at the Towac, Colorado Court of Indian Offenses, and the Santa Fe Indian School Property Court of Indian Offenses located in Santa Fe, New Mexico. Finally, if asked to conduct hearings in Albuquerque, New Mexico on the Indian School Property.

8. Attend administrative functions after regular work day, when required to issue search warrants and telephonic assignments.

9. Provide current contact numbers and addresses, i.e. telephone, facsimile, email, home and cellular telephone numbers to the COR. The information will also be given to the Courts of Indian Offenses and to the Superintendent at Ute Mountain Ute Agency and Southwest Regional Office, Santa Fe Indian School, and Law Enforcement at Ute Mountain Ute, Santa Fe Indian School, and Albuquerque Indian School property.

10. Notify the appropriate Court of Indian Offenses Clerk’s no less than twenty-four (24) hours when scheduled absences will occur and by 9:00 AM of the day of an unexpected absence.

11. Research Court of Indian Offenses court issues, Trial Ordinances, Code of Federal Regulations, Federal Law, State of Colorado, State of Utah Law, State of New Mexico Law and tribal customs and traditions and other authorities that would apply to cases before the CFR Courts.

12. Shall work a minimum of 40 Hours a week and will perform the duties of a CFR Magistrate Judge.

13. The Judge will have access to an office based at the CFR Court located at both the Ute Mountain Ute Agency, as well as the Santa Fe Indian School property where the CFR Court is located, and access to the Albuquerque CFR Court.

14. In the event of a conflict of interest in performing duties under this contract, the court shall appoint an alternate judge, or rely on the CFR Alternate Judge funded by the BIA. The BIA will compensate the alternate judge at a reasonable rate.

15. The responsibilities of this position prohibit outside employment or activities which could constitute a conflict of interest or violate ethics or standards of ethical conduct established by the American Bar Association or the State Bar Association the Chief Magistrate belongs to while employed by the BIA.

16. A background investigation is required for this position and on all non-federal government personnel, in accordance with P.L. 101-630, Indian Child Protection and Family Violence Prevention Act of 1990; PL 99-570, Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986; and P.L. 101-647, Crime Control Act. Successful completion of a background investigation and favorable adjudication is required.

G. Location: Ute Mountain Ute The Ute Mountain Ute CFR Court services the Ute Mountain Ute Tribal members in Towaoc, Colorado and White Mesa, Utah. The CFR Court is located in the community of Towaoc, Colorado on the Ute Mountain Ute Reservation located in the Southwest Colorado and Northwest New Mexico. Towaoc is the Ute Mountain Ute headquarters and located 12 miles south of Cortex, Colorado on Highway 491. The

CFR Court location address is 440 Sunset Boulevard, Towaoc Colorado 81334. No residential housing is available in Towaoc.

The Santa Fe Indian School CFR Court is located at 1501 Cerrillos Road, Santa Fe, New Mexico 87505.

The Albuquerque Indian School Property CFR Court is located at Albuquerque, New Mexico.

H. Population: Ute Mountain Ute The current population of Towaoc and White Mesa is estimated to be 1,632 people of whom 1,343 reside in Towaoc, Colorado and 289 reside in White Mesa, Utah. The approximate percentage of the population is 87% tribal members and 11% Native American non-trial members and 2% non-Native Americans.

The Santa Fe Indian School is owned and operated by the 19 Pueblos of New Mexico. Estimated to be 700 students both day and dorm students.

This Sources Sought Notice is for market research purposes only. The Bureau of Indian Affairs, Southwest Regional Office, Branch of Acquisition, is conducting a market research and is issuing this notice to locate qualified, experienced, and intereste...