Request For Information (RFI)- USDA Program Complaints Support Process

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 -- 1 of 6 -- 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): -- 2 of 6 -- 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 …