Attachment_5_QandA_0001.pdf

RFP No. 140D0422R0012 Attachment 5 – Questions and Answers

QUESTIONS FORM

# RFP Section Question Response Change to

RFP?

Description of Change

Technical/ Contractual

1 RFP; Section 1, Overview, Pg. 1, ¶5

NAICS code 541199 All Other Legal Services references: notary public services, patent agent services, paralegal services, and process serving services.

Given the scope of the project, is NAICS code 541110 Offices of Lawyers more appropriate?

This is determined to be appropriate.

Yes NAICS code is updated.

Contractual

2 RFP; Section 6, Proposal Content/Submission Requirements, Formatting Table, Pg. 3

The proposal submission format table on page 3 of the RFP memo indicates that any indices determined by the Offeror to be necessary for the Proposal should be included in Volume III:

Additional Proposal Documentation, and are limited to 10 pages.

Can the Government please confirm that

Correct. The page limit indices are 10 pages.

No No change made. Contractual

RFP?

Description of Change

Technical/ Contractual supplemental attachments are in fact limited to just 10 pages?

3 RFP, Volume II:

Past Performance Documentation, Pg.

6, last ¶

“The Offeror shall submit consent letters executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing the release of past performance information…”

Can the Government confirm that the consent letters for all subcontractors/teaming partners are not subject to the 10-page limit for Volume II (Past Performance Documentation)?

Correct. The Government understands that these may exceed 10 pages depending and will not limit them to 10 pages.

They have no page limit but should only include the relevant information to subcontracting/teaming partner agreements.

Yes Clarification is added to page 3 of the RFP.

Contractual

4 RFP; Section 7 Evaluation, Factor 3: Management Approach, Pg. 10, ¶2

“The proposal’s key personnel will be evaluated on the Offeror’s ability to…Demonstrate the use of a proposed Project Director with experience in managing

• Program Director and personnel that manage the following tasks:

o Learning and

Contract Compliance o Operations and Quality Assurance

Yes RFP updated Technical

RFP?

Description of Change

Technical/ Contractual projects of this magnitude, complexity, and sensitivity. Project Director and Planning Analyst should also have extensive experience overseeing time sensitive projects.”

May the Government confirm if any titles other than the Project Director are required to be Key Personnel?

o Data Science & Analytics o Pro-bono Coordination o Post-release engagement

5 RFP; Page 40, ¶4 The Solicitation indicates a fully Time and Materials contract structure. Would the Government be open to a mixed contract structure?

Note that a Contractor’s ability to respond to capacity fluctuations and maintain adequate staffing levels in short-term and emergency facility settings will be severely hampered by a

Yes, the Government is open to a mixed contract structure. We ask that within the Offeror's price proposal, a narrative explanation of the mixed contract types be included for review.

Yes RFP revised on page 2. Contractual

RFP?

Description of Change

Technical/ Contractual fully T&M contract vehicle. One suggestion is a mixed FFP (nonrepresentational services) and T&M (representational services) contract vehicle. This option would allow a Contractor to retain trained professional legal staff during routine periods of slower migration throughout any given year thereby enabling them to have sufficient staff during periods of higher migration. Many of the ORR facilities are located in remote areas that need to draw qualified attorneys from other parts of the country to work there—attorneys are generally not willing to take on very short-term positions, and the specialized skills, RFP?

Description of Change

Technical/ Contractual education and certification requirements for attorneys make it even more important to retain them over long periods of time.

6 SOO; Section 7, Proposed Solution, Pg. 4; ¶2

The ‘Proposed Solution’ section mentions that the Contractor should consider “locations of Unaccompanied Refugee Minors (URM) Programs” in establishing its proposed solution to how it will achieve the stated objectives. Is the Government planning for this contract to serve the legal needs of all children in URM Programs? If so, can the Government provide the number of URM children to be served?

Applies to all UC served by ORR’s Unaccompanied Refugee Minors (URM) program up to their attaining lawful immigration status or reaching the age of 18 years, whichever occurs first. Currently there are over 871 former UC in the URM program and close to 200 UC referrals for the URM program.

No Technical

RFP?

Description of Change

Technical/ Contractual

7 SOO; Section 8, Objective I, Pg. 5, ¶4

“Develop audiovisual tools (i.e. recorded videos, online content, etc.) to convey information about immigration proceedings to UC when in-person KYR’s are not possible due to logistical issues.

All Contractor-led activities align with ORR release policies.”

Can the Government clarify how the “ORR release policies” linked document regarding the Sponsor Application Process applies to the legal services contract?

ORR updates its release policies periodically, which may impact timing and/or delivery of Know- Your-Rights (KYR) presentations, legal assessments, and other legal services. All offerors must ensure current ORR policies are reflected in their proposal.

8 SOO; Section 8, Objective I, Pg. 6, ¶1

“All functional aspects of sponsor services delivery are fully executed, monitored, and evaluated by the Contractor to allow for process improvement.”

ORR is striking this line from the SOO. (was not in correct version)

Yes SOO Updated Technical https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-2#2.2 https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied-section-2#2.2

RFP?

Description of Change

Technical/ Contractual

Can the Government clarify what it means by “sponsor services”?

9 SOO; Section 8;

Objective II, Pg. 8, ¶1

“Unless otherwise directed/ approved by the COR, contract funding for legal screenings shall generally be limited to approximately ten (10) hours per case, per individual unrepresented UC every six (6) months.”

Can the Government clarify if ALL the following activities included in the sections entitled “Objective II” count toward the 10-hour limit? If an individual legal screening reaches the 10-hour guided limit and the legal service provider has not been able to resolve the screening, is this a stop work order, Yes, those activities count. This is an approximation with the understanding that some individual legal screenings may take more time while others may take less.in some situations it may take more or less time.

Also note that legal screening is a legal consultation, which is intended to be limited in scope and time. If the attorney is performing additional work on a UC’s case, perhaps those hours are better characterized as court preparation/court assistance/direct representation.

RFP?

Description of Change

Technical/ Contractual or is the Contractor expected to work without payment?

- interviewing

- building rapport with UC

- any preparation associated with identifying legal relief

- after action documentation

- collaborating with child advocates in cases involving tender aged children, parenting teens, developmentally delayed UC, category 4, and cases with other vulnerabilities

- researching and providing a recommended list of states where ORR programs are present that

RFP?

Description of Change

Technical/ Contractual would serve the UC’s immigration case for category 4 child or child with extended stay in ORR custody

If all the activities above are included in the 10 hours, our primary concern is that a time limit on legal screenings may interfere with counsel's independent professional judgment about delivering legal services in a way that is appropriate to an individual prospective client. Legal screenings that result in reliable determinations as to legal claim viability require not just face-to-face communication with a child but also, at a bare minimum, an internal review of the screening notes and an assessment by an attorney, which might involve additional

RFP?

Description of Change

Technical/ Contractual investigation (including legal research, gathering critical documents, or interviews with additional parties who are sometimes located abroad with complicated contact logistics). The face-to-face trauma-informed legal interview itself must be led by engagement signals from the prospective client, including necessary breaks or follow-up meetings to ensure appropriate rapport is built to fulfill an attorney's ethical obligation to diligently discover facts relevant to the legal claim. This is particularly problematic for prospective clients who have special needs, including children who are tender age or present with trauma histories, developmental or neurological disabilities, detention fatigue, or for indigenous or rare

RFP?

Description of Change

Technical/ Contractual language speakers where the provision of interpretation tends to require additional time.

The inability to spend that time due to time/hour restrictions constrains an attorney's ability to interact appropriately and comprehensively in a child-friendly and trauma-informed manner with an individual prospective client.

10 SOO; Section 8, Objective III, Pg. 8, ¶4

“This also includes representing all UC who are served by ORR’s Unaccompanied Refugee Minors (URM) program including after they obtain immigration relief.”

Can the Government elaborate on the required scope of services the Contractor will be providing to the children

Some UC referred to URM programs may still need legal assistance to obtain lawful immigration status in the United States (or to finalize that process). Additionally, children may require assistance in obtaining corollary benefits, such as applying for and obtaining work authorization (where applicable).

RFP?

Description of Change

Technical/ Contractual in URM programs – specifically, after children obtain immigration relief?

11 SOO; Section 8, Objective III, Pg.

10, ¶1

“Note: Generally, the total Federal portion of cost for direct representation for an individual case shall not exceed $8,500.”

May the Government share the formula for the general $8,500 case cost performance indicator?

Regarding the “UC cases currently in process” (SOO, Pg. 10, ¶7), may the Government confirm that the $8,500 case cost cap is specific to expenses incurred under the new contract? Further, if individual cases do meet $8,500 in case costs and are unresolved, is this considered a stop work order, or is the Contractor

This figure was based on historical data from a variety of sources including EIOR and ORR data.

Yes, the $8,500 case cost cap is specific to expenses incurred under the new contract.

ORR will continue to monitor cost fluctuations over the contract period and adjust as needed based on current trends and available appropriations.

No

Technical

RFP?

Description of Change

Technical/ Contractual expected to continue work without payment?

Anticipating individual case costs in advance is very difficult due to the evolving political and legal landscape. Changing EOIR and USCIS policies can have a substantial impact on how quickly cases are resolved.

Further, individual case cost strictures would disadvantage the most vulnerable (e.g., indigenous children, other rare language speakers, children with complex trauma histories, children with physical or mental impairments, children who have experienced significant trauma). A Time and Materials contract that sets a spending cap would require the Government

RFP?

Description of Change

Technical/ Contractual and its Contractor to track and review individual cases at great cost and administrative burden to the Government.

12 SOO; Section 8, Objective III, Pg.

10, ¶6

“The Contractor shall 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 those LSPs providing direct representation to UC.”

Can the Government clarify which “relevant ORR forms” shall be signed by attorneys?

This is a placeholder for potential new forms that will be rolled out on the UC Path, the portal currently in development and which will eventually replace the existing UC Portal.

13 SOO; Section 8, Objective III, Pg.

10, ¶7

“The Contractor shall develop a transition plan and coordinate with the existing legal services providers to manage UC cases currently in process to ensure continuity of services. The Contractor shall provide a transition out plan NLT (120) calendar days prior to

Yes No Contractual

RFP?

Description of Change

Technical/ Contractual expiration of the contract for ORR/COR approval.

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

There is a current significant cost related to existing/pending cases that could potentially be transitioned to a new awardee or that may continue under the current incumbent Contractor.

May the Government confirm that “UC cases currently in process” will be funded under this Time and Materials contract?

14 SOO; general Can the Government confirm that this contract will provide funding for quality control and placement of private pro

Yes No Technical/Contractual

RFP?

Description of Change

Technical/ Contractual bono representation of UCs under the contract – specifically funding operations costs for Contractor staff to recruit, train and mentor private sector pro bono attorneys throughout the case?

15 SOO;

Data Collection, Analysis, and Reporting – Expected Outcome #5, Data Point 21, Pg. 11-13

Data point #21 expects the Contractor to coordinate with ORR partners to provide aggregate data points on the running cost of representation on a per case basis. May the Government clarify how it will ensure privacy information is maintained while defining aggregate running cost totals on a per case basis, and what ORR partners the Contractor may engage to achieve this metric?

It is ORR’s intention that the Contractor(s) report the average running cost of representation per case.

ORR will follow ORR regulations regarding handling of PII.

ORR will work the Contractor to identify the necessary partners to fulfill this requirement.

RFP?

Description of Change

Technical/ Contractual

16 SOO; Section 8, Data Collection, Analysis, And Reporting, Pg. 12, Data Point 6

“Differences in processing/case completion times based on funding mechanism (ORR-contract funding, pro bono assistance, private or other government entity sponsored support, and mixed funding sources).”

We consider the operational details of external and private funding and the strategic allocation of funds to be proprietary information.

May the Government remove this requirement from the RFP?

No, they Government will not remove this requirement.

No Technical

17 RFP;

FAR 52.204.21 -

Basic Safeguarding of Covered Information Systems (Pg. 31 – 32);

These two sections reference information systems and transmission of digital information handled by the Contractor over the course of contract work.

Both clauses will be incorporated into the award.

No Contractual

RFP?

Description of Change

Technical/ Contractual

AQD Custom Clause – AQD Internet Protocol version 6 (Pg. 43 – 44)

Can the Government confirm which regulations on information security will be incorporated in the final contract?

18 RFP;

AQD Custom Clause –Return of Data, Pg. 42, ¶3

“The Government shall have the right to request the Contractor to return all data provided by the Government and/or developed/generated during the performance of this requirement.”

This contract includes development/generation of information that is subject to attorney-client privilege. Will the Government confirm that the resultant contract will explicitly exclude from the Return of Data requirements not just those materials protected by attorney-client privilege but also

ORR chooses to retain this requirement.

This clause means that the contractor does not own any data generated as part of this contract. As such, the information is not proprietary.

The Institutional Review Board protections are related to research on human subjects, which is not the type of work being performed under this requirement.

No Contractual

RFP?

Description of Change

Technical/ Contractual information restricted from disclosure by Institutional Review Board protections or other applicable laws?

19 RFP;

AQD Custom Clause –Return of Data, Pg. 42, ¶4

This clause specifies a 15-day turnaround for all data requests made by the Government to the Contractor and states that any conversion to a format defined by the Government must be completed within that window. May the Government clarify an estimated volume of requests under this clause and examples of the type of ad hoc requests that would be anticipated?

The 15-day timeframe is standard, however, if a data request requires more time, the Contractor should confer with the CO/COR and come up with a mutually agreed upon timeframe.

No Contractual

20 Attachment 2 – Pricing Spreadsheet_1

Historically, legal service providers have provided labor resources that are not easily blended to a single rate. The variance

Yes, please adjust the pricing sheet, as needed.

No. Contractual/Technical

RFP?

Description of Change

Technical/ Contractual between the tiers can range from a low of $40 to a high of $200 per hour; we believe that this spread is not conducive to a single rate or advantageous to the Government. The current Pricing Spreadsheet provides for one labor rate per Legal Service Provider (LSP) location.

Would the Government be open to the Offeror proposing tiered labor rates per LSP location, for example:

LSP - Phoenix, AZ, I.

Senior

LSP - Phoenix, AZ, II.

Mid

LSP - Phoenix, AZ, III.

Junior

RFP?

Description of Change

Technical/ Contractual

21 Attachment 2 - Pricing Spreadsheet_1

The Number of Staff figures given in the Pricing Spreadsheet are generally far below a reasonable staffing expectation, for both legal service providers and the Offeror. For example, the Pricing Sheet Base Period tab (Cell B22) indicates four (4) staff for a Legal Service Provider in Los Angeles, CA. However, Los Angeles currently has at least 118 staffed positions to handle the current volume in that location. An incoming Prime Contractor working with this number of staff would need to scale accordingly. Will the Government amend the level of effort for FTEs and hours to a more realistic number based on recent, actual headcounts?

The government will evaluate all proposals and consider adjustments as needed.

Contractual/Technical

RFP?

Description of Change

Technical/ Contractual

22 Attachment 2 Pricing Spreadsheet_1, Estimated Cases Per Year tab

In FY21 HHS/ORR released over 100,000 children to sponsors, and an average of approximately 11,000 children were in ORR custody monthly. The given Base Year case estimate is 1,000. If the Contractor reaches 1,000 cases in the Base Year, is this considered a stop work order, or is the Contractor expected to work without payment?

Will the Government amend the Estimated Cases Per Year to align with actual information?

Price sheet has been removed. Please refer to ORR’s website, via this link, to see the number of children released monthly and annually.

Contractual/Technical

23 Attachment 2 Pricing Spreadsheet_1

Given the scope of work under the incoming contract, the range of labor resources the Prime Contractor would require performing satisfactorily is not easily mapped to the two Prime

Yes, however, please provide the duties of the new positions and how those duties are distinct from existing roles.

Contractual/Technical https://www.hhs.gov/programs/social-services/unaccompanied-children/index.html

RFP?

Description of Change

Technical/ Contractual

Contractor labor categories, aside from Program Director and Planning Analysts. Would the Government be open to the Prime Contractor proposing the following:

- Management and Evaluation Associate I

- Management and Evaluation Associate II in addition to the existing categories of Program Director, Regional Coordinators, Administrative Directors, and Planning Analysts?

The scope of the substantive tasks outlined in the SOO requires other professional training and credentials, including, but not limited to, social

RFP?

Description of Change

Technical/ Contractual science and statistics to execute deliverables.