SOLICITATION NOTICE
R -- Public Defender Clinic, Unknown Location, Bureau of Indian Affairs
- Notice Date
- 8/30/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541199
— All Other Legal Services
- Contracting Office
- BIA CENTRAL 000162051 MERCATOR DRIVEContracting OfficeRestonVA20191US
- ZIP Code
- 00000
- Solicitation Number
- A14PS01018
- Response Due
- 9/13/2014
- Archive Date
- 10/13/2014
- Point of Contact
- Yvette Washington
- Small Business Set-Aside
- N/A
- Description
- Department of the Interior, Bureau of Indian Affairs, Office of Justice Services, Tribal Justice Support R Public Defender Clinic, location unknown, for Tribal Court Personnel. Department of the Interior (DOI), Bureau of Indian Affairs (BIA), Office of Justice Services (OJS), Division of Tribal Justice Support. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only notice; Proposals are being requested and a written solicitation is issued. This solicitation is issued as a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Regulation. The North American Industry classification (NAICS) code is 541199. This acquisition is being solicited in accordance with FAR Part 15. The solicitation is full and open competition. The Period of Performance (POP) shall be proposed, with a base period plus four option periods. See the SOW for complete performance requirement details. The resultant contract may be awarded as a hybrid type contract with elements of a firm fixed-price contract as defined in FAR 16.2 and FAR 16.6. The Government intends to make a single contract award. Due to the urgent need, the response period and proposal due date is shortened. See the complete solicitation for details. BACKGROUND The mission of the Division of Tribal Justice Support (TJS), a division within the Office of Justice Services (OJS) of the Department of the Interior (DOI) is to further the development, operation, and enhancement of tribal justice systems and Courts of Indian Offenses. Congress and the Federal courts have repeatedly recognized that tribal justice systems are the appropriate forum for adjudicating tribal civil disputes and addressing most of the criminal activity within Indian country. TJS is statutorily tasked to provide training and technical assistance to tribal courts pursuant to 25 U.S.C. 3602 et seq. In July 2010, the United States Congress passed the Tribal Law and Order Act (TLOA). The TLOA amended several statutes, one of which is the Indian Civil Rights Act 25 U.S.C. 1301-1303- by expanding under certain circumstances- the sentencing capabilities of tribal courts. Among other things, the Tribal Law and Order Act of 2010 amends the Indian Civil Rights Act of 1968 to increase tribal court sentencing authority from one year incarceration to up to either three to nine years incarceration in a tribal detention facility. On March 7, 2013, the Violence Against Women Reauthorization Act of 2013 (VAWA) was signed by President Obama. VAWA provides that in 2015, tribes may take special domestic violence criminal jurisdiction over certain defendants, regardless of their Indian or non-Indian status, if those defendants are alleged to have committed acts of domestic violence or dating violence or violate certain protection orders in Indian Country. In order for tribes to exercise these new aspects of their sovereignty by increasing the tribal court jurisdiction as well as the increasing incarceration time under TLOA and VAWA, tribal courts must satisfy certain basic fundamental due process rights of defendants. In many instances, tribes and tribal courts have suffered from inadequate funding, and thus trained and qualified law trained attorneys and judges often are not a central part of the tribal judicial systems. Without specifically tailored training and technical assistance that is geared to the implementation of expanded sentencing authority under TLOA and VAWA many tribes may never be able to exercise this aspect of their sovereignty. Generally speaking, all tribes need qualified law trained public defenders to meet the new requirements under the TLOA and VAWA. Without qualified law trained tribal public defenders, tribal courts might very well lack the basic fundamental due process protections as contemplated by the TLOA and VAWA. And thus tribes will not be able to exercise the increased sentencing authority without qualified public defenders. In May, 2012, the United States Government Accountability Office issued a finding on the awareness of eligible finding for funds directly related to Indigent Defense issues in all courts. While it was not a substantial part of the GAO finding, the GAO recognized that the BIA funded or could fund tribal court defenders through the 638 funding process. The GAO report suggested that the BIA find ways to alert tribal governments and tribal courts that PL 638 funding could be used to support a tribal public defender, if the tribe so chose. To that end, and to support the efforts of the BIA to alert tribes that funding could be used for the purpose of the defender, TJS was previously assisted by law school tribal public defender clinics devoted to tribal public defenders, whether law trained or lay advocates, would be an effective way to further the mission of the office. Moreover, these defender clinics alerted tribes on the opportunity to train potential tribal court personnel and CFR court personnel as well as tribal public defenders who practice in tribal court. OBJECTIVE The objective of the Contractor is to assist TJS in meeting its statutorily required training objectives as well as the objectives to provide personnel for the Court of Indian Offenses, through the skilled training of an accredited clinical program. See 25 U.S.C. 3611. The development or enhancement of a law clinic specifically dedicated to providing special training for indigent defense in tribal courts is essential to TJS meeting its statutory requirement by providing assistance to tribes that wish to implement the enhancement provision of the TLOA. Preferred location is the Mid-West or North-West states, due to the number of tribal courts in those geographical areas.
- Web Link
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FBO.gov Permalink
(https://www.fbo.gov/spg/DOI/BIA/RestonVA/A14PS01018/listing.html)
- Record
- SN03490340-W 20140901/140830233208-94c2412d111d1d3dd15045de139ce9a2 (fbodaily.com)
- Source
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