Child Protection Improvements Act

FEDERAL BUREAU OF INVESTIGATION Criminal Justice Information Services Biometric Services Section Request for Information Disclaimer: THIS REQUEST FOR INFORMATION (RFI) IS FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT A REQUEST FOR PROPOSAL OR QUOTATION. IT DOES NOT CONSTITUTE A SOLICITATION AND SHALL NOT BE CONSTRUED AS A COMMITMENT BY THE GOVERNMENT. RESPONSES IN ANY FORM ARE NOT OFFERS AND THE GOVERNMENT IS UNDER NO OBLIGATION TO AWARD A CONTRACT OR A MEMORANDUM OF UNDERSTANDING AS A RESULT OF THIS RFI. NO FUNDS ARE AVAILABLE TO PAY FOR PREPARATION OF RESPONSES TO THIS RFI. ANY INFORMATION SUBMITTED BY RESPONDENTS TO THIS RFI IS STRICTLY VOLUNTARY. ALL QUESTIONS REGARDING THIS RFI SHALL BE IN WRITING. NO PHONE CALLS WILL BE ACCEPTED. SUMMARY: The Child Protection Improvements Act (CPIA), enacted as part of the Consolidated Appropriations Act, 2018 (Public Law (Pub. L.) 115-141), amends the National Child Protection Act/Volunteers for Children Act (NCPA/VCA) (34 U.S.C. - 40101, et seq.). The CPIA requires the United States Attorney General to establish a national program to provide qualified entities in states that do not have procedures established by state statute or regulation to utilize the NCPA/VCA, or in a state that does not prohibit the use of the program, with access to national criminal history background checks on, and the criminal history reviews of, covered individuals. The CPIA also requires the Attorney General to designate and enter into an agreement with one (or more) non-federal designated entity to make fitness determinations under this national program and establish, by rule, the fitness criteria that the designated entity(ies) will use in making fitness determinations. A qualified entity is defined as a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services. The Attorney General has delegated the responsibility for establishing this national program to the Federal Bureau of Investigation's (FBI) Criminal Justice Information Services (CJIS) Division. This RFI is to seek designated entities interested in being selected by the FBI's CJIS Division to submit applicant fingerprint cards to the FBI CJIS Division and make fitness determinations for qualified entities that provide care or care placement services to children, elderly, or individuals with disabilities, which are unable to submit fingerprints through a State Central Record Repository. PURPOSE: Responses to this RFI will provide market research to determine if any State Central Record Repository, non-profit or private business is interested in conducting the Designated Entity function for qualified entities, on behalf of the Attorney General. BACKGROUND: The FBI CJIS Division serves as the national repository for fingerprint-based criminal history record information (CHRI) submitted by federal, state, and tribal agencies and provides CHRI to authorized recipients when authorized by federal law. As such, the FBI CJIS Division currently processes fingerprint-based background checks under the NCPA/VCA for qualified entities and returns the results to the State Central Record Repository. ANTICIPATED AGREEMENT TYPE: The FBI CJIS Division will enter into a Memorandum of Understanding with one or more designated entities, to establish the national program, based on the information that a Designated Entity provides which indicates that it may meet or exceed the requirements. REQUIREMENTS: A Designated Entity must be able to fulfill the following minimum requirements: 1. Must specify whether they are a State Central Record Repository, a non-profit entity, or a private business. 2. Must be a U.S. owned organization or a Foreign Ownership, Control or Influence (FOCI) company mitigated by Defense Security Services if the entity is a non-profit organization or a private business. 3. Must have the capability to submit fingerprints to the FBI CJIS Division via an electronic connection that meets the current Electronic Biometric Technical Specifications. 4. Must meet and comply with the current requirements of the CJIS Security Policy and be subject to audit by the CJIS Division staff. 5. Must be able to pass an FBI criminal history background check prior to accessing the FBI's Next Generation Identification System. 6. Must provide each applicant a copy of the FBI's Privacy Act Statement and advise them of the right to challenge or correct their record. 7. Upon request, provide the applicant with a copy of their fingerprint-based background check report. 8. Must conduct fitness determinations using the criteria established by a Rule to be published by the Department of Justice. Such criteria is based upon the criteria established under the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 and Section 658H of the Child Care and Development Block Grant Act of 1990. 9. Must research missing dispositions prior to making fitness determinations and provide such dispositions to the FBI CJIS Division, in a manner determined by the FBI CJIS Division. 10. Must have the capability to conduct a state check, when requested by a qualified entity. 11. Must set the fees collected at a level that will ensure the recovery of the full costs of providing all such services. The fees to qualified entities for background checks must not discourage volunteers from participating in programs to care for children, the elderly, or individuals with disabilities. 12. Must submit the appropriate portion of the fee to the FBI CJIS Division for the FBI fingerprint-based background check, as published in the Federal Register. RFI RESPONSE SUBMITTAL INFORMATION: In response to this RFI, responders shall submit responses in electronic format such as Microsoft Office Word - Excel, PowerPoint or PDF format. All submitted information shall be UNCLASSIFIED on 8 - x 11 sized pages, with one-inch margins, with a twelve (12) point font. Soft copies of the Information (no hard copies) and questions shall be submitted to mkonchesky@fbi.gov. No telephone calls will be accepted. The Contracting Officer (CO) will send an E-mail verification upon receipt. Responders shall submit the following responses: Please provide a capability statements limited to 25 pages, including a summary of past work as it applies to the requirements listed above. - RFI Release Date: 11/07/2018 - Questions due from Industry: 11/14/2018 - Responses due from Government: 11/30/2018 - RFI due: 12/10/2018