1. DRAFT PWS_UAC Legal Services.pdf

DRAFT ONLY: UAC EVALUATION FACTORS

PROPOSALS WILL NOT BE ACCEPTED OR EVALUATED IN RESPONSE TO THIS DRAFT

THE CONTENTS OF THIS DOCUMENT ARE SUBJECT TO CHANGE IN THE SUBSEQUENT RELEASE OF A SOLICITATION

PERFORMANCE WORK STATEMENT #

Legal Services for Unaccompanied Alien Children (UAC)

Office of Refugee Resettlement (ORR)

Administration for Children and Families (ACF)

November 2025

DRAFT ONLY- PROPOSALS WILL NOT BE ACCEPTED OR EVALUATED IN RESPONSE TO THIS

DRAFT. THE CONCENTS OF THIS DOCUMENT ARE SUBJECT TO CHANGE IN THE SUBSEQUENT

RELEASE OF A SOLICITATION

TABLE OF CONTENTS

1. INTRODUCTION AND SCOPE

1.1 Definition of Unaccompanied Alien Children

1.2 Objective

2. BACKGROUND

2.1 ORR's Role and Statutory Authority

2.2 Duration of Services

2.3 Legal Services Mandates

2.4 Trauma-Informed and Culturally Competent Service Delivery

3. APPLICABLE DOCUMENTS

4. REQUIREMENTS

4.1 Legal Services

4.2 Personnel and Qualifications

4.3 Service Delivery Principles

4.4 Contract Type

4.5 Place of Performance

4.6 Period of Performance

5. LEGAL SERVICES PERFORMANCE REQUIREMENTS AND TASKS

5.1 Objective I: Conduct Legal Orientations

5.2 Objective II: Conduct Legal Consultations

5.3 Objective III: Provide Direct Representation and Legal Assistance

5.4 Objective IV: Data Collection, Analysis, and Reporting

6. PROJECT MANAGEMENT, QUALITY ASSURANCE, AND COMMUNICATION

6.1 Project Management, Quality Assurance, and Communication .......... Error! Bookmark not defined.

7. Performance Requirements Summary

Table 1 Performance Requirements Summary

8. DELIVERABLES

Table 2 Deliverables

9. DELIVERY AND MEETINGS

9.1 Meetings

9.2 Monthly Conference Calls

10. REQUIRED TRAVEL AND OTHER DIRECT COSTS (ODCs)

10.1 Travel Requirements

10.2 Local Area Travel

10.3 Travel Planning and Approval

11. SPECIAL INSTRUCTIONS

11.1 Background Investigations and Suitability Determinations

11.2 Compliance with Regulations, Policies, and Procedures

11.3 Non-Personal Services Statement

11.4 Telecommuting

11.5 Security Requirements

11.6 Security Training

11.7 Records Management

11.8 Data Rights

12. GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

13. GLOSSARY OF ABBREVIATIONS AND ACRONYMS

1. INTRODUCTION AND SCOPE

This Performance Work Statement (PWS) describes the specific tasks required to provide comprehensive legal services for Unaccompanied Alien Children (UAC) who are currently in, or have been released from, the care of the Office of Refugee Resettlement (ORR). These services are essential to support the legal needs of this vulnerable population in accordance with federal mandates.

Throughout this PWS, “days” refers to calendar days unless otherwise specified.

1.1 Definition of Unaccompanied Alien Children

As defined under Section 462(g)(2) of the Homeland Security Act of 2002, a UAC is a child who:

1. Has no lawful immigration status in the United States;

2. Has not attained 18 years of age; and

3. With respect to whom either:

• There is no parent or legal guardian in the United States; or

• No parent or legal guardian in the United States is available to provide care and physical custody.

1.2 Objective

The Contractor (which includes its Legal Service Providers (LSP) throughout this document) must provide legal services to UAC who are currently in, or have been released from, ORR custody. These services encompass four primary, interrelated components: (1) legal orientations to inform UAC of their rights and responsibilities within the immigration system; (2) individualized legal consultations to assess eligibility for immigration relief; (3) direct legal representation and related assistance throughout immigration proceedings through pro bono counsel and through counsel directly funded by ORR; and (4) robust data collection, analysis, and reporting including, but not limited to, the outcomes of pro bono counsel recruitment, the scope and outcomes of representation, and real time case status, to support program oversight and continuous improvement.

2. BACKGROUND

2.1 ORR's Role and Statutory Authority

ORR's Unaccompanied Alien Children's Bureau (UACB), within the Administration for Children and Families (ACF), is responsible for providing temporary shelter care and child welfare-related services to UAC who are subject to immigration proceedings. ORR receives referrals of UAC from other federal agencies and places them in a network of ORR-funded care provider facilities. On March 1, 2003, Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) (HSA) transferred functions regarding the care and placement of UAC from the Commissioner of the Immigration and Naturalization Service to the Director of ORR. ORR has responsibility for the care and custody of UAC in federal custody due to their immigration status and age, as well as ensuring their safe and timely release to appropriate sponsors.

The Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) (TVPRA) states that, consistent with 6 USC 279, the U.S. Dept. Of Health and Human Services (HHS) Secretary is generally responsible for the care and custody of UAC, and describes additional responsibilities related to providing safe and secure placements for children. For example, the TVPRA requires the Secretary ensure UAC, to the extent practicable, and consistent with 8 U.S.C. 1362 (describing provision of legal counsel “at no expense to the government”), that UAC ”have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking.“ 8 U.S.C.

1232(c)(5). ORR further codified its provision of legal services in regulation at 45 C.F.R. 410.1309.

2.2 Duration of Services

Shelter and residential services, and corresponding legal services, begin once ORR takes custody of a UAC for placement into an ORR facility and primarily ends when ORR releases the UAC to a suitable sponsor; or when the UAC turns 18 years of age; or when disposition of the child's immigration case results in the child's being granted lawful immigration status, or removal from the United States, including voluntary departure.

2.3 Legal Services Mandates

The William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 (8 U.S.C.

1232(c)(5)) requires that the Secretary of HHS shall ensure, to the greatest extent practicable, and at no expense to the government, that all UAC who are or have been in the custody of the Secretary or the Secretary of Homeland Security have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. The law further emphasizes that, to the greatest extent practicable, the Secretary shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such UAC without charge. These requirements are further defined in the ORR UC Program Foundational Rule at 45 CFR 410.1309 (Legal Services).

2.4 Trauma-Informed and Culturally Competent Service Delivery

Many UAC have faced traumatic situations in their home countries, including dire poverty, violence, gang recruitment, human trafficking, domestic violence, abuse, and neglect. Some UAC are very young, have little or no formal education, and are primarily non-English speaking. Therefore, the required services must be attuned to the varied and individual needs of UAC, including being developmentally appropriate, trauma-informed, and culturally appropriate.

3. APPLICABLE DOCUMENTS

The Contractor shall comply with and be guided by the following documents:

a. Homeland Security Act of 2002, Section 462 (6 U.S.C. 279)

b. William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 (8 U.S.C.

1232)

c. Immigration and Nationality Act (INA), Section 292 (8 U.S.C. 1362)

d. ORR Unaccompanied Alien Children Program Foundational Rule at 45 CFR Part 410; and specifically, 410.1309 (Legal Services)

e. ORR Unaccompanied Alien Children Bureau Policy Guide, including, but not limited to:

i. Section 1.4.2 - 30 Day Restrictive Placement Review

ii. Section 1.4.6 - Residential Treatment Center and Out of Network Placements

iii. Section 1.4.7 - Requesting Reconsideration of a Secure or RTC Placement Designation

iv. Section 3.7 - Legal Services

v. Section 4.3.3 - Employee Background Investigations

vi. Section 4.10 - Sexual Abuse Reporting and Follow-up

vii. Section 5.6 - Reporting and Record Keeping

viii. Section 5.7.1 - ORR Efforts to Help Prevent Fraud

ix. Section 5.8 - Reporting Child-Level Events and Program Level Events

x. Section 5.9 - Protecting the Privacy and Confidentiality of UAC Information

xi. Section 5.10 - Information Sharing

f. ORR Legal Resource Guide for Unaccompanied Alien Children

g. Executive Office for Immigration Review (EOIR) Immigration Court Practice Manual (Chapter 1, Section 1.5)

h. BIA Practice Manual

i. Flores Settlement Agreement (No. CV85-4544-RJK (C.D. Cal. 1996))

j. Section 508 of the Rehabilitation Act of 1973

k. Violence Against Women Reauthorization Act of 2013, Section 1101(c)

l. ORR Forms and Notices (e.g., Form L-3 Notice of Attorney Representation, Form A-5

Authorization for Release of Records)

m. State Licensing Standards applicable to ORR-funded care provider facilities

n. Interim Final Rule on Standards to Prevent, Detect, and Respond to Sexual Abuse and Sexual

Harassment Involving Unaccompanied Children (45 CFR Part 411)

o. Child Abuse and Neglect Interim Final Rule (45 CFR Part 412)

4. REQUIREMENTS

4.1 Services

The Contractor must provide legal services to UAC in ORR care using developmentally appropriate, trauma-informed, and culturally appropriate techniques and methods to assist the UAC navigating the complex immigration system to the greatest extent practicable. The Contractor shall deliver services that address the legal needs of UAC across four interrelated components:

1. Legal Orientations – Conduct legal orientations to inform UAC of their rights and responsibilities within the immigration system.

2. Legal Consultations – Conduct one-on-one legal consultations to assess each UAC’s eligibility for immigration relief.

3. Direct Legal Representation – Provide direct legal representation and related assistance throughout immigration proceedings, provided through a combination of pro bono counsel, at a minimum of 20%, and counsel directly funded by ORR.

4. Data Collection, Analysis, and Reporting – Conduct robust data collection, analysis, and reporting including, but not limited to, the outcomes of pro bono counsel recruitment, the scope and outcomes of representation, and real time case status, to support program oversight and continuous improvement.

4.2 Personnel and Qualifications

The Contractor shall meet the following requirements.

a. Qualifications:

i. Have requisite training and experience to deliver required legal services to UAC in ORR care

ii. Include attorneys in good standing with the bar and licensed to practice in the jurisdiction/court where representing the UAC (immigration court, state court, or before

USCIS)

iii. Include paralegals working under the direction of an attorney

iv. Include DOJ Accredited Representatives as appropriate for representation before EOIR and BIA

v. Comply with legal ethics rules of the state, district, and/or territory in which they are practicing

vi. Meet all background investigation requirements per PWS Section 11.1

b. Accessibility:

i. Have access to technological solutions needed to facilitate communication with UAC and program staff

ii. Ensure services are available in a variety of languages relevant to the UAC regularly served, especially Spanish and English

iii. Employ bilingual/multilingual staff or have ready access to language/interpretive services

c. Compliance:

i. Adhere to ORR policies and procedures

ii. Comply with applicable state licensing requirements

iii. Comply with state and federal public health guidance

iv. Where adherence conflicts with applicable laws, including ethics rules governing attorneys, the Contractor shall identify the conflict and provide a plan to support ORR efforts to safeguard the welfare of children

d. Conflict Management:

In the event of an attorney-ethics conflict of interest precluding an attorney from delivering required services to an individual UAC, the Contractor shall ensure that the UAC receives the required services from an alternate provider.

4.3 Service Delivery Principles

a. Universal Representation Model: The Contractor shall offer representation to UAC based on a universal representation model, meaning that the Contractor shall not deny representation based on the perceived likelihood of success in the UAC’s legal case.

b. Continuity of Services: The Contractor shall coordinate with ORR staff and care provider staff to promote continuity of legal services throughout and after ORR custody.

c. Service Capacity: The Contractor shall offer access to legal representation to all UAC in ORR care, and provide legal representation to up to 100% of UAC in ORR care depending on how ORR determines it should allocate resources, and for discharged UAC up to the funded capacity, with a minimum of 20% of all direct representation (in care and post release) delivered through pro bono counsel. If the Contractor fails to recruit and retain pro bono attorneys to provide pro bono services to a minimum of 20% of all UAC in ORR care, and/or fails to secure pro bono coverage for a minimum of 20% of all billable hours and costs expended on UAC legal services, then the Contractor shall not be reimbursed for up to 20% of its costs expended on those services that otherwise should have been covered through pro bono providers.

d. Equitable Distribution: The Contractor shall use innovative means and cost-saving methods to promote the equitable distribution of services to eligible UAC, ensuring that each child receives professional and robust representational services to the greatest extent possible.

e. Scalability: The Contractor shall provide scalable and responsive services to UAC throughout fluctuations in numbers of UAC referred to ORR, including during emergencies and periods of unusually high numbers of UAC entering ORR custody.

f. New Facility Response: The Contractor shall initiate services within 30 days of the Government's notice of a newly activated ORR facility (including regular, virtual, or emergency facilities such as Emergency Intake Facilities (EIF)) and shall seek modification from the COR as needed.

g. Information Access:

The Contractor shall coordinate with ORR staff and care provider staff to ensure access to information required for service delivery, such as:

i. Timely notice of each child's entry into an ORR facility

ii. Transfers between ORR facilities/programs

iii. Notice of each child's release from ORR custody

iv. Up-to-date, accurate contact information for UAC to enable delivery of legal services required after release, including services designed to promote UAC's appearance before immigration court after release

h. Facility and Location Planning:

The Contractor shall work with ORR to identify ORR shelter locations and high-release locations for planning purposes.

i. Media and Social Media Inquiries:

Only official HHS or ACF/ORR representatives may speak on behalf of the federal government.

The Contractor may discuss their own organization’s programs and services, but must not represent ORR, ACF, or HHS or speculate on government matters. The Contractor, including its subcontractors, must not speak on behalf of ORR, ACF, or HHS, or speculate on government policies, data, or operations. Any questions seeking an official comment or government perspective should be referred directly to ORR via the contacts below.

The Contractor must not comment on the status of individual cases. All inquiries related to individual cases must be referred to ORR.

If unsure how to respond to a media inquiry, please share the specific questions or requests with ORR for review and guidance before replying. Before issuing a press release, public statement, or social media post referencing ORR or ACF support, the Contractor must submit it for review and written approval prior to publication. All media inquiries related to ORR should be directed to: media@acf.hhs.gov, orrcommsliaisons@acf.hhs.gov, and the COR.

The Contractor must advise ORR of any media engagement related to services pursuant to this PWS withing 24 hours of contact with any media outlet.

4.4 Contract Type

Firm Fixed Price. The pricing model will consist of a fixed price list, by instance of service provided, using Government-provided estimated quantities for each service to assist in establishing a price ceiling. The Contractor will be compensated after final delivery of each service.

4.5 Place of Performance

The Contractor must provide comprehensive, high-quality, and efficient delivery of legal services to UAC in ORR custody nationwide, including:

• ORR shelter locations, provider network facilities, and out of network facilities where UAC are placed by ORR

• Emergency Intake Facilities (EIFS)

• Long-Term Foster Care (LTFC) facilities

• Unaccompanied Refugee Minors (URM) program locations

• Throughout the United States, including sponsor residences mailto:media@acf.hhs.gov mailto:orrcommsliaisons@acf.hhs.gov

4.6 Period of Performance

The period of performance is up to five (5) years, consisting of a 12-month base period and four (4) 12-month option periods.

5. LEGAL SERVICES PERFORMANCE REQUIREMENTS AND TASKS

5.1 Objective I: Conduct Legal Orientations

a. Task Description

The Contractor shall conduct legal orientations for UAC in ORR custody in accordance with 45 C.F.R. 410.1309(a)(2)(i)–(iv), as implemented in UAC Policy Guide Sections 3.7 and 3.7.1. These orientations shall inform UAC of their legal rights and responsibilities within the U.S.

immigration system and be delivered in a manner that is age-appropriate, developmentally appropriate, culturally competent, and trauma-informed.

b. Performance Requirements

i. Legal Orientation Delivery Timelines: Legal orientations must be provided:

• To all UAC in ORR care

• Within 10 business days of a UAC's admission to an ORR facility or ORR funded out-of-network facility

• Within 10 business days of a UAC's transfer to a new ORR facility or ORR funded out-of-network facility (except ORR long-term foster care or ORR transitional foster care)

• Every six (6) months for unrepresented UAC who remain in ORR custody

• As soon as practicable for UAC released before receiving an orientation in custody

ii. Legal Orientation Method and Setting: A child in ORR's legal custody shall receive:

• An in-person orientation concerning the rights and responsibilities of undocumented UAC in the immigration system. When in-person orientations are not feasible, the Contractor shall develop and deploy audiovisual tools (e.g., recorded videos, online content) to ensure timely delivery of information

• Presentation delivered in the native or preferred language of the UAC and in an age-appropriate manner

iii. Legal Orientation Content and Standards:

Orientations shall include:

A. Information notifying UAC of their legal rights and responsibilities, including:

• Protections under child labor laws

• Services to which they are entitled, including educational services

B. Information regarding the availability of free legal assistance and that UACs may be represented by counsel at no expense to the Government

C. When a child requests legal counsel:

• The Contractor shall ensure that the child is provided with a list and contact information for pro bono counsel

• Reasonable assistance to ensure that the child is able to successfully engage an attorney at no cost to the Government D. Notification regarding:

• The Contractor's role and that of other agencies and people involved in the child's immigration matter

• The immigration court process

• The child's obligation to attend hearings

• The child's right to a removal hearing before an immigration judge

• The child’s ability to petition/apply for relief from removal and various forms of immigration relief commonly available to children, including:

• The child's ability to petition for Special Immigrant Juvenile (SIJ) classification

• The child's ability to request that a juvenile court determine dependency or placement in accordance with 45 CFR 410.1209

• The ability to apply for asylum with United States Citizenship and

Immigration Services (USCIS) in the first instance

• The ability to request voluntary departure in lieu of removal

• The child's right to a hearing before an independent HHS hearing officer, to determine, through a written decision, whether the child would present a risk of danger to self or to the community if released, as described at 410.1903(a) and (b).

• The child’s legal rights and responsibilities, both in ORR custody and upon release

• Any ORR-mandated information

iv. Material Development and Modality of Delivery:

A. The Contractor shall maintain legally accurate and developmentally appropriate orientation materials, including scripts and written handouts

B. The Contractor shall develop appropriate interactive audiovisual and/or online content for children to supplement orientation service delivery, including information to assist children with accessing legal services upon release from ORR custody

C. [The Contractor shall deploy audiovisual tools (e.g., recorded videos, online content) to ensure timely delivery of information]

D. Information to assist UAC with accessing legal services upon release from ORR custody

E. The Contractor shall ensure orientation materials are available in a variety of languages relevant to UAC regularly served

F. The Contractor shall ensure all orientation and supplemental material is aligned with attorney-ethics rules and includes jurisdiction-specific content and shall provide copies of the content developed by the Contractor to ORR.

G. Orientation materials must facilitate continuity of legal services

v. Contractor shall develop appropriate interactive audiovisual and/or online content for

UAC to supplement orientation service delivery, including information to assist with accessing legal services upon release from ORR custody

vi. Operational Requirements:

A. Orientations may be conducted in group settings, coordinated with ORR care providers to avoid disruption to shelter operations. Group size and session duration must consider the UAC's age, literacy, and educational setting.

B. The Contractor's staffing model shall be flexible and able to accommodate periods of influx when larger numbers of UAC are in ORR care

C. The Contractor shall provide additional orientations at the direction of ORR D. The Contractor shall develop an implementation plan for providing such orientation and submit said plan to the COR within sixty (60) days of the contract start date

5.2 Objective II: Conduct Legal Consultations

The Contractor shall provide confidential legal consultations to UAC in ORR custody to assess potential forms of relief from removal and other case disposition options in accordance with 45 C.F.R. 410.1309(a)(2)(v). These consultations shall be conducted by a qualified attorney, a paralegal under the supervision of an attorney, or a U.S. Department of Justice (DOJ) accredited representative.

Legal Consultation Delivery Timelines:

Legal consultations must be provided:

• To all UAC in ORR care

• Within 10 business days of a child's first admission to an ORR facility or ORR funded out-of-network facility

• Within 10 business days of a child's transfer to a new ORR facility or ORR funded out-of-network facility (except LTFC, where the Contractor instead will offer representation or other legal assistance upon a child's arrival)

• Every six (6) months for unrepresented UAC who remain in ORR care

• As soon as practicable for UAC subject to expedited release from ORR custody without having received a legal consultation in custody

i. Legal Consultation Method, Setting and Confidentiality: The Contractor shall deliver a confidential legal consultation with a qualified attorney, or paralegal working under the direction of an attorney, or DOJ Accredited Representative individually and in a manner that maintains confidentiality. UAC in ORR care shall be able to conduct private communications with their attorney of record, DOJ Accredited Representative, or legal provider in a private enclosed area that allows for confidentiality for in-person, virtual, or telephonic meetings

ii. Content and Standards of Delivery:

The Contractor shall deliver legal consultation with a qualified attorney, or paralegal working under the direction of an attorney, or DOJ Accredited Representative to determine and provide the minor an individualized assessment:

• Possible forms of relief from removal in relation to the UAC’s immigration case

• Possible forms of affirmative immigration relief (e.g., asylum, Special Immigrant

Juvenile status)

• Other case disposition options

• The UAC's stated preferences and best interests

A. The Contractor shall deliver consultations in the UAC's preferred language Shall use an interpreter for the legal consultation of any UAC requiring delivery in a language other than English or Spanish.

B. The Contractor shall deliver consultations in an age-appropriate and developmentally appropriate manner.

C. The Contractor shall deliver a tailored legal consultation service to vulnerable UAC unable to engage in traditional legal consultation, including:

• UAC who are preverbal

• Tender age UAC (under age 13)

• Pregnant and/or parenting UAC

• Developmentally delayed UAC

• UAC with no identified sponsor

• UAC with other vulnerabilities and complexities

D. For vulnerable UAC, the Contractor shall:

• Gather information from adults with knowledge of the child's circumstances to assess the child's immigration-related case and need for appropriate and necessary services supportive of the legal case

• Coordinate with ORR staff and care provider staff to identify such UAC and to access contact information necessary to conduct the required legal consultation

• Collaborate with assigned UAC advocates and ORR care providers where possible, to ensure UAC receive appropriate and necessary services

E. The Contractor shall deliver repeat legal consultations in a manner tailored to the individual UAC and designed to limit re-traumatization, such as by using the previous legal consultation notes as a starting point for the repeat legal consultation.

i. Continuation of Consultation Across Transfers:

A. To promote continuity of services, the Contractor shall seek consent during each legal consultation to share information the UAC provides, for the purpose of referring that UAC to a separate legal provider upon the UAC's transfer or release

B. The Contractor shall facilitate secure transfer of prior legal consultation notes from one legal provider to another in the event of transfer or release

iii. Requirement for Additional Consultation: At ORR’s request, the Contractor must provide any additional legal consultation for a UAC if the UAC has been identified as:

• A potential victim of a severe form of trafficking

• Having been abused, abandoned, or neglected

• Having been the victim of a crime or domestic violence

• Persecuted or in fear of persecution due to race, religion, nationality, membership in a particular social group, or for a political opinion

iv. Legal Consultation Follow-up Services: At the request of a case manager, the Contractor shall prepare a recommendation for preferred placement states for a UAC being considered for transfer to LTFC, in consultation with and given the consent of the UAC. Ideally, the list of recommended states will be ranked in order of the best location for the UAC to obtain favorable legal relief. The recommendation, or alternatively, notice that the UAC does not consent, shall be provided to the UAC's case manager within 14 days of the initial request by a case manager. ORR considers the Contractor’s recommendation in making placement decisions but is not required to adopt the recommendation.

v. Template Development and Approval: The Contractor shall approve all provider legal consultation templates prior to use and provide copies to ORR.

5.3 Objective III: Provide Direct Representation and Legal Assistance

As required by ORR, the Contractor shall offer access to legal representation, court assistance, and immigration case-related legal support to up to 100% of UAC in ORR care, and provide legal representation to up to 100% of UAC in ORR care depending on how ORR determines it should allocate resources, and for discharged UAC up to the funded capacity, with a minimum of 20% of all direct representation (in care and post release) delivered through pro bono counsel. Services shall be delivered by qualified attorneys in good standing with the bar and licensed in the jurisdiction where representation occurs, or by DOJ-accredited representatives, in accordance with 45 C.F.R. 410.1309(a)(4) and applicable ORR policies. If the Contractor fails to recruit and retain pro bono attorneys to provide pro bono services to a minimum of 20% of all UAC in ORR care, and/or fails to secure pro bono coverage for a minimum of 20% of all billable hours and costs expended on UAC legal services, then the Contractor shall not be reimbursed for up to 20% of its costs expended on those services that otherwise should have been covered through pro bono providers.

The Contractor shall comply with all general direct representation performance requirements in addition to any specific performance requirements for any subcategories of direct representation services.

b. General Direct Representation Performance Requirements:

i. Scope of Representation:

A. Provide full-scope legal representation for UAC in immigration proceedings B. Represent children in proceedings before Immigration Court, Board of Immigration

Appeals (BIA), and U.S. Department of Homeland Security (DHS) C. Assist UAC in pursuing relief including, but not limited to:

• Legal Orientation

• Legal Screening

• Special Immigrant Juvenile Status (SIJS)

• Asylum Application

• T Visa Application

• U Visa Application

• Change of Venue / Address Filings

• Court Preparation Sessions

• Non-Immigration Related Representation

• Abuse Victims

• Appeals, Motions

• Post Release Follow-up

• Immigration Court/DHS Representation

• ORR Agency Actions Representation

ii. Applicable Rules and Standards: Representation must comply with the following references.

A. EOIR Immigration Court Practice Manual B. BIA Practice Manual C. State and federal legal ethics rules D. Applicable ORR policies

iii. Continuity of Representation:

A. The Contractor shall ensure continuity of representation post-release in the jurisdiction where the UAC resides.

B. For any represented UAC who leaves a legal providers defined service area prior to the resolution of the UAC's immigration case, the Contractor shall promote continuity of representation by connecting the UAC with alternate counsel in the new location of the child's residence.

C. In the event the UAC retained the legal provider in custody and required said alternate counsel upon release, the Contractor must ensure continuity of representation.

D. In all cases, Contractor shall adhere to relevant attorney-ethics and EOIR rules governing withdrawal of representation.

iv. Eligibility for Representation: The Contractor shall offer representation to:

A. Unrepresented UAC who become enrolled in the ORR Unaccompanied Refugee

Minors (URM) Program, provided they have not yet obtained immigration relief or reached 18 years of age at the time of retention of an attorney

B. UAC in ORR care who are in proceedings before EOIR, including UAC seeking voluntary departure, and for whom other available assistance does not satisfy the legal needs of the individual UAC

C. UAC released to a sponsor residing in the defined service area of the same legal service provider who provided the UAC legal services in ORR care, to promote continuity of legal services

D. Other UAC, to the extent ORR determines that appropriations are available, including:

• Tender age UAC (under age 13)

• UAC who are long-term foster care eligible

• Victims of trafficking

• Victims of a crime and U visa, S visa, VAWA eligible

v. Vulnerable Population Prioritization: The contractor shall comply with ORR requests and recommendations regarding the prioritization for contract-funded direct representation of particularly vulnerable UAC, including:

• Tender age UAC (under age 13)

• Survivors of human trafficking

• Survivors of serious crimes

• UAC requiring a home study or referred for post-release services

vi. Timing of Representation:

A. Direct representation of the UAC shall be initiated prior to the UAC’s 18th birthday and before immigration relief is granted.

B. Direct representation shall occur in person at the identified immigration court and/or via Video Technology Communication (VTC) as determined and coordinated for the ORR program.

vii. Representation Documentation: The Contractor shall:

A. Ensure the entry of all attorneys of record secured via the signing of G-28s and relevant ORR forms to allow ease of identification of legal service providers providing direct representation to UAC.

B. Ensure timely notice of representation to ORR and care provider staff, including by submission of a Form L-3 Notice of Attorney Representation.

• Summary of the steps taken to ensure continuity of legal services, including referrals, transfer of case files, and confirmation of successor counsel where applicable

viii. Funding Constraints and Resource Management: The Contractor shall:

A. Maximize use of non-federal funding and cost-saving strategies to extend services.

B. Prioritize ORR-funded representation for UAC currently in care.

C. Avoid using contract funds for unrelated legal matters or litigation against the U.S.

Government unless expressly authorized by ORR in advance.

c. Specific Performance Requirements for Courtroom Assistance:

i. Universal Provision: The Contractor shall provide in-person or remote courtroom assistance to all unrepresented UAC scheduled for immigration court while in ORR custody.

ii. Form of Assistance: The Contractor shall provide assistance in the form of "Friend of Court," a "limited representation" appearance that lasts for the duration of a single hearing, or some similar alternative allowed by the EOIR.

iii. Case Preparation: The Contractor shall coordinate with ORR staff or care provider staff to gather information required for the Contractor to fulfill its court assistance function before EOIR.

iv. This includes gathering up-to-date information related to a UAC's anticipated transfer or reunification with a sponsor, such as projected timeline.

d. Specific Performance Requirements for Other Legal Assistance and Case Preparation:

i. Universal Provision: The Contractor shall provide in-person or remote courtroom assistance to all unrepresented UAC scheduled for immigration court while in ORR custody.

ii. Form of Assistance: The Contractor shall provide assistance in the form of "Friend of Court," a "limited representation" appearance that lasts for the duration of a single hearing, or some similar alternative allowed by the EOIR.

iii. Case Preparation: The Contractor shall coordinate with ORR staff or care provider staff to gather information required for the Contractor to fulfill its court assistance function before EOIR. This includes gathering up-to-date information related to a UAC’s anticipated transfer or reunification with a sponsor, such as projected timeline.

iv. The Contractor shall provide other immigration-related preparation for unrepresented UAC, including:

A. Change of venue or change of address submissions to EOIR B. Immigration court preparation C. Assistance on UAC’s immigration-related custody or placement, including requests for release on recognizance for UAC aging out of ORR custody D. Referrals for legal, child advocate, or other appropriate services supportive of the legal case such as EOIR-funded Legal Orientation Program for Custodians E. Assistance related to Lucas R. or Flores

e. Specific Performance Requirements for Legal Referrals for Unrepresented Children:

i. Continuity Through Transfers:

A. The Contractor shall promote continuity of legal services by providing said legal referrals for unrepresented UAC in ORR custody, including upon a UAC's transfer between ORR facilities.

B. For UAC transferred between ORR facilities, including LTFC, the Contractor shall conduct the legal referral upon transfer through Contractor's online referral database.

C. The Contractor shall maximize efforts to provide a legal referral for each unrepresented UAC in ORR custody consistent with identified legal relief.

ii. Referral Resources:

A. The Contractor shall create a State-by-State list of free legal service providers, at minimum, compiled quarterly, to be given to UAC.

B. The Contractor shall establish a referral mechanism for UAC released from ORR custody who might later experience human trafficking or other victimization related to the UAC's unaccompanied or immigration status.

f. Specific Performance Requirements for Pro Bono Network Development and Management:

i. Network Composition:

A. The Contractor shall, at a minimum of 20%, use volunteer pro-bono attorneys and other legal representatives to provide direct representation to UAC in, and released from, ORR care under this contract. If the Contractor fails to recruit and retain pro bono attorneys to provide pro bono services to a minimum of 20% of all UAC in ORR care, and/or fails to secure pro bono coverage for a minimum of 20% of all billable hours and costs expended on UAC legal services, then the Contractor shall not be reimbursed for up to 20% of its costs expended on those services that otherwise should have been covered through pro bono providers.

B. The Contractor shall build and maintain a roster of attorney and non-attorney volunteers who can undertake legal services with the Contractor's mentorship, as required, for any UAC or cases suitable for pro bono involvement.

ii. Pro Bono Attorney Screening:

A. The Contractor shall screen and regularly update the screening of each volunteer to ensure they meet appropriate standards for undertaking activities under the contract

B. The Contractor shall assess prospective pro bono attorneys' skills, experience, availability, and interest in working with children

C. The Contractor shall confirm with state licensing authorities that any prospective pro bono attorney is:

• Licensed to practice law and in good standing with the bar of the relevant U.S.

state, district and/or territory

• Not subject to any disciplinary matters that call into question fitness to represent UAC in their immigration case

iii. Mentorship and Support:

A. The Contractor shall identify, train, and deploy a network of volunteer, pro bono attorneys and other legal representatives to service UAC.

B. This network shall support UAC in, and released from, ORR care.

C. The Contractor shall establish a referral mechanism for UAC released from ORR care who may later experience human trafficking or other victimization related to the UAC or immigrant status.

iv. Network Reporting and Monitoring: The Contractor shall provide regular and ongoing updates to ORR regarding the overall size and scope of the volunteer, pro bono legal services network to include detailed information on:

• The identity and number of pro bono firms and volunteers supporting UAC cases

• Network size and capacity

• Pro bono engagement activity (e.g. trainings, mentorship, etc.)

• Recruitment and capacity-building efforts

v. Pro Bono Services Plan: The Contractor shall submit a pro bono services plan within 30 days of award and must receive approval from the appointed COR.

g. Specific Performance Requirements for Coordination and Participation:

i. Monthly Coordination Calls: The Contractor shall participate in routine conference calls with ORR/COR to discuss:

• Estimated funded capacity

• Capacity changes

• Onboarding of new capacity prior to the opening of care provider programs

ii. Transition Planning:

A. The Contractor shall develop a transition plan and coordinate with the existing legal services providers to manage UAC cases currently in process to ensure continuity of services.

B. The Contractor shall provide a transition out plan no later than 30 days after the completion of transitioning in to the ORR/COR approval. This plan can be updated throughout the life of the contract up to notification by the CO that the contract will be expiring.

C. The Contractor shall identify how it will coordinate with the incoming contractor and/or government personnel to transfer knowledge.

5.4 Objective IV: Data Collection, Analysis, and Reporting

The Contractor shall establish and maintain a comprehensive data collection, analysis, and reporting system to support program oversight, performance monitoring, and continuous improvement. Data shall be collected in accordance with ORR policies and reported on a mutually agreed-upon schedule. The Contractor shall use this data to identify trends, assess service delivery effectiveness, and provide actionable recommendations to ORR.

i. Data Collection and Data Management Infrastructure and Systems: The Contractor shall maintain a data collection and management system that (1) ensures compliance with ORR reporting requirements, and (2) centralizes all information related to a minor, including but not limited to the minor’s biographical information, representation information, services activity, case status, deadlines, progress, and outcomes or final dispositions.

A. Secure Data Reporting Infrastructure: The Contractor shall maintain a secure and scalable data infrastructure and computing environment that enables:

• Raw data ingestion from disparate sources

• Extract-transform-load (ETL) processes to clean, organize, and connect data from various sources

• Analysis of quantitative data at a scale appropriate for the work completed

B. System Capabilities: The Contractor's data environment shall be able to respond and adapt to:

• Changes to service areas

• Service delivery modifications

• Policy changes

• Fluctuations in volume

• Emergency response services

• Other adaptations to program services described in the PWS

C. This infrastructure shall be capable of ingesting, housing, and where necessary, securely merging data from multiple sources in compliance with appropriate government regulations

D. Data Integrity:

1. The Contractor shall provide training and documentation on data entry into the platform.

2. The Contractor shall communicate regularly with LSPs to ensure quality of data entry practices and data.

3. The Contractor shall additionally provide a venue for LSPs to report issues and ask questions that arise over the course of data collection and entry.

c. Data Categories, Metrics, Analysis, and Reporting:

The Contractor shall collect, analyze, and report quantitative and qualitative data on services performed ("program data") in fulfillment of this PWS as follows:

i. Legal Orientation Metrics: The Contractor shall report to ORR the following individual and general analysis related to delivery of legal consultations:

Individualized Information:

• Dates of orientation sessions

• Location of orientation sessions

• The language(s) orientation provided

• A numbers of minor participant(s)

• Other information sufficient to confirm orientation(s) were delivered during required timeframes

• Legal Provider delivering orientation

General Analysis:

• Number of UAC receiving a legal orientation

• Number of legal orientations delivered

• Average length of time to provide legal orientations to UAC

• An analysis of the barriers and constraints to delivering orientations

• An analysis of orientation effectiveness (e.g. post training evaluation)

ii. Legal Consultation Metrics: The Contractor shall report to ORR the following information related to delivery of legal consultations:

Individual Information

• A number of UAC provided a consultation

• The language consultation provided in

• Name of the legal provider (individual and organization) providing the service

• Date of legal consultation

• Location of legal consultation

• Outcome of legal orientation (e.g. advice and counsel provided, referral for direct representation) General Analysis

• Number of minors receiving a legal consultation

• Number of legal screenings delivered

• Average length of time to provide legal orientations to UAC

• An analysis of the barriers and constraints to delivering orientations

iii. Direct Representation Metrics: The Contractor shall report to ORR the following information related to direct representation:

Individual Information

• A number of UAC receiving direct representation

• Information whether minor is a URM

• The language

• Name of legal provider (individual and organization) providing the service

• Information whether legal provider is providing pro bono services

• Date representation initiated

• Detailed information on scope of legal representation, including whether legal provider is providing:

o Full scope representation with removal defense and affirmative remedies post release from ORR custody o Limited scope representation, including:

• Services only while in ORR custody

• Court appearances only

• Immigration court hearing information, including the legal provider representing the UAC, date, and outcome of the court appearance (e.g. continuance)

• Immigration relief application/petition filed, including the legal provider representing the UAC, date filed, and status

• Other legal assistance provided, including the legal provider representing the UAC, the specific type of assistance provided, date service provided, and status

• Date and information of any case transfers from one legal provider to another, including name (organization and/or attorney) the case is transferred to and reason for transfer

• Date and reasons for case closure (e.g. attorney withdrew, services terminated or concluded)

• Information on referral to pro bono attorneys or other legal services providers

• Final disposition of direct representation, including, but not limited to:

o Outcome of immigration proceedings, including court proceedings (e.g.

relief granted/denied, ordered removed, voluntary departure granted) o Outcomes of other legal assistance provided

General Information: The Contractor shall report the below information for all UAC and URM:

• Number of UAC/URM provided direct legal representation o While UAC/URM are in ORR custody o Out of ORR custody o Both in total and disaggregated by LSP

• Number of direct representation cases initiated o While UAC/URM are in ORR custody o Out of ORR custody o Both in total and disaggregated by LSP

• Number of UAC/URM provided representation in immigration court o While UAC/URM are in ORR custody o Out of ORR custody o Both in total and disaggregated by legal provider

• Number and types of applications for relief, voluntary departure, or other immigration court actions taken

• Average length of time to length of time to secure direct legal representation:

o From admission date until case initiation for cases initiated in ORR custody o From discharge date until case initiation for cases initiated after release from ORR custody

• Average duration of cases from case initiation until closure by type of service provided both in aggregate and by assigned legal provider

• Percentage of total legal representation provided by contract-funded attorneys

• Number of UAC/URM with case initiations by pro bono attorneys by both in aggregate and by assigned legal provider

• Number of UAC who access the pro bono network within 30 days of release from

ORR both in aggregate and by assigned legal provider

• Percentage of total legal representation provided by pro-bono attorneys

• Average legal service provider caseload

ii. Additional Pro Bono Data Metrics and Reports: The Contractor shall report the following additional information and metrics related to the development and maintenance of a pro bono network:

• Number and types of activities engaged in to develop and recruit pro bono attorneys, including dates of activities, types of activities, location, numbers of participants

• Number and types of trainings to ensure competency of pro bono networks including goals and content of training (recruitment, legal relief, etc.), date of training, location, number of participants, Types of participants (DOJ accredited representatives, attorneys, etc.)

• Participant satisfaction

iii. General/Other Data Metrics:

• Running cost of representation per case basis, both in aggregate and by assigned legal provider

• Differences in processing/case completion times based on funding mechanisms:

o ORR-contract funding o Pro bono assistance o Private or other government entity sponsored support o Mixed funding sources

• Location and breadth of available legal services regionally/locally:

o Based on ORR shelter location and sponsor/release address o Impact on securing timely legal representation/assistance

• Quantitative and qualitative measurement of viable forms of legal relief identified nationwide

• Number and summary of concerns received regarding Contractor services and analysis of Contractor response and resolution

• Quantitative and qualitative measurement of satisfaction of:

o UAC/URM o Care providers o Stakeholders o Federal Field Specialists o ORR headquarters staff

iv. Qualitative Data Development:

The Contractor shall employ surveys, interviews, and other methodologies to produce qualitative data necessary to assess program services.

d. Analysis and Evidence-Based Recommendations:

i. Ongoing Analysis: The Contractor shall perform ongoing quantitative and qualitative analysis to develop recommendations to ORR regarding:

• Improvements to service delivery

• "Efficiency" of funding allocation

1. Effectiveness of services

• Analysis of case processing and legal representation timelines

• Goal of achieving outcomes in the best interest of UAC served under this contract

ii. Recommendations Focus: The Contractor shall make recommendations to ORR regarding improvements to:

• Service delivery

• Reduce costs

• Increase efficiency

• Accelerate case processing without compromising quality

• Ensure outcomes are in the best interest of the UAC

6. PROJECT MANAGEMENT, QUALITY ASSURANCE, AND COMMUNICATION

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