Attachment_1_PWS_Amendment_2_0002.pdf

Department of Health and Human Services (HHS) Administration for Children and Families (ACF)

Office of Refugee Resettlement – Division of Children’s Services Child Advocates Performance Work Statement

PURPOSE:

The Office of Refugee Resettlement’s (ORR) Division of Children Operations (DUCO) requires child advocate services for the best interest of Unaccompanied Children (UC) by creating Best Interest Determinations (BIDs) for the most vulnerable children in its care used for decisions regarding the care, placement and release of UAC. The Child Advocates shall visit minors, advocate for the best interest of the minors, and help the minors understand their legal case and placement and care-related issues. In an effort to maintain the integrity of their duties, organizations providing Child Advocate services may not have a conflict of interest with ORR and/or its UAC service providers or contractors (i.e., organizations involved in the care and maintenance of children in federal custody, organizations that would receive financial benefit because of their recommendations, etc.). The intended services should implement a national Child Advocate program in the following defined sectors with a special emphasis on high-capacity areas:

Sector 1 Sector 2 Sector 3 Alaska Alabama Connecticut

California Arizona Delaware Hawaii Arkansas Florida Idaho Colorado Georgia

Indiana Kansas Illinois Michigan Kentucky Iowa

Minnesota Louisiana Maine Montana Mississippi Maryland Nebraska Missouri Massachusetts Nevada New Mexico New Hampshire

North Dakota Oklahoma New Jersey Oregon Tennessee New York

South Dakota Texas North Carolina Wisconsin Utah Ohio

Washington Pennsylvania Wyoming Rhode Island

South Carolina Vermont Virginia West Virginia

The Contractor shall provide the following services across the defined sectors adequately and effectively:

• Provide linguistically and culturally competent services.

• Provide staffing services with qualified individuals who are bilingual in English and Spanish.

• Develop a volunteer model for recruitment, training, and supervision of Child Advocates.

• Train all staff and volunteers by creating a training manual including all necessary information regarding the work of the Child Advocate.

• Develop criteria for the referral and appointment of Child Advocates that meet the requirements of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA 2008) and the Violence against Women Act of 2013 (VAWA 2013).

• Create high quality recommendations through written BIDs used for decisions regarding the care, placement, and release of UAC.

• Advocate for the minor’s best interests, primarily their safety and well-being.

• Report information and statistics regarding the work of the Child Advocate on a routine and ad hoc basis.

• Communicate with ORR staff and shelter programs regarding the best interest of the UAC.

• Meet one on one with UAC to develop a relationship of trust with the minor.

• Develop a service plan with the care provider staff, ORR staff and the minor’s attorney.

• Research and obtain pertinent information regarding the minor and family background.

• Process legal and placement information with the child and assist the child to make decisions if necessary.

• Collaborate with various stakeholders to coordinate services for the minor.

• Educate stakeholders and care provider staff on the Child Advocate program and the referral process.

BACKGROUND

ORR/DUCO within ACF, provides temporary shelter care and other child welfare-related services to UAC in ORR custody. Residential care services begin once ORR accepts a UAC for placement and ends when the UAC is released from ORR custody, turns 18 years of age, or the UAC’s immigration case results in a final disposition of removal from the United States. Residential care and other child welfare-related services are provided by state-licensed residential care programs in the least restrictive setting appropriate for the UAC’s age and needs.

On March 1, 2003, the Homeland Security Act of 2002, section 462, transferred the functions under U.S. immigration laws 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 who are in federal custody by reason of their immigration status. A UAC is defined as 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 - (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.

One of ORR's main functions is to provide temporary residential care in the least restrictive setting possible and other related services to UAC in ORR custody. Under TVPRA 2008, "UAC shall be promptly placed in the least restrictive setting that is in the best interest of the child." Under the Homeland Security Act, ORR, in making placement decisions, shall make such determinations to ensure that UAC "are likely to appear for all hearings or proceedings in which they are involved; are protected from smugglers, traffickers, or others who might seek to victimize or otherwise engage them in criminal, harmful, or exploitative activity; and are placed in a setting in which they are not likely to pose a danger to themselves or others."

Many UAC have faced traumatic situations in their home countries, such as poverty, gang violence and recruitment, human trafficking, domestic violence abuse and neglect, sexual abuse and familial separation. Some UAC are also very young, most have little or no formal education, and they are primarily non-English speaking. After apprehension by the Department of Homeland Security and transfer to ORR, these children face a complicated legal system.

ORR is also responsible for the safe and timely reunification of UAC with appropriate sponsors.

Under TVPRA2008, "A UAC may not be placed with a person or entity unless the Secretary of Health and Human Services makes a determination that the proposed custodian is capable of providing for the child's physical and mental well-being." Additionally, the law was modified and expanded HHS' role in the care of UAC. Section 235(c)(6), 8 U.S.C. § 1232(c)(6) notes, “[t]the Secretary of Health and Human Services is authorized to appoint independent Child Advocates for child trafficking victims and other vulnerable unaccompanied children.”

Through the Child Advocate Program, ORR appoints third party Child Advocates who make independent recommendations regarding the best interest of a child. The Child Advocate spends time with the child, developing a relationship of trust. The Child Advocate helps the UAC understand legal and care-related issues and explains the consequences of decisions made in response to those issues, and assists the child to make decisions in situations when the child requests help. The Child Advocate’s recommendations are based on information that they obtain from the child and other sources (e.g., the child’s parents, potential sponsors, government agencies, and other stakeholders). For children who are not able to make decisions (due to cognitive abilities, age or other reasons), the Child Advocate will identify the options that are in the child's best interests in a written report and explain why other apparent options are excluded. Once they have gathered all the necessary information, Child Advocates formally submit their recommendations to ORR and/or the immigration court in the form of written BIDs. ORR considers BIDs when making decisions regarding the care, placement, and release of UAC, but it is not bound to follow BID recommendations.

In March 2013, Congress passed VAWA 2013, §1262 in which HHS is required to expand Child Advocate programs according to certain requirements and placed expenditure restrictions.

Included in VAWA 2013 are the following requirements:

• No more than 10 percent of federal funds received under this contract may be used for administrative expenses.

SCOPE

ORR/DUCO requires the services of a contractor to provide Child Advocates to make best interest recommendations for UAC. ORR requires a contractor that can implement, coordinate, and manage a national Child Advocate program at select sites where large numbers of UAC are in HHS care and custody and/or released from HHS custody. Child Advocates will advocate for the best interest of the UAC by creating BIDs for the most vulnerable UAC.

PERIOD OF PERFORMANCE

ORR is targeting a period of performance with a Base Period of 12 months with four (4) 12 month Option Periods. Option periods are subject to availability of funds and may be unilaterally exercised by the Government

Performance Work Statement

Task 1: Services Provided by the Child Advocate Program Task 2: Program Management Task 3: Data Collection, Tracking, and Reporting Task 4: Training and Education Task 5: Compliance with Regulations, Policies and Procedures

Task 1.0 Services Provided by the Child Advocate Program It is estimated that child advocacy services will be requested for a minimum of 1,000 UAC during the base year and at least an increase of 2 percent will be served in each subsequent year of the contract.

The Contractor shall provide coverage for all Sectors with a special emphasis on the following areas:

Offices Estimated Number of Cases (Base Year)

Chicago, IL 120 Harlingen, TX 150 Houston, TX 90 Los Angeles, CA 65 New York, NY/Newark, NJ 110 Phoenix, AZ 100 San Antonio, TX 80 Washington, D.C. 60 Miami, FL 95 Seattle, WA 65 Grand Rapids, MI 65 Total 1,000

The Contractor shall submit a plan for the number of cases each location will serve by the 15th day of each contract year for approval by the Contracting Officer’s Representative (COR). These numbers must be met by the end of each year unless the COR has approved a change to the original numbers. Since capacity may vary depending on migration patterns, which dictate the needs of ORR, these areas of focus and numbers may fluctuate. The COR will work with the Contractor to scale operations to meet fluctuations in service requirements if there are changes to the ORR network.

1.1 A Child Advocate shall be appointed for particularly vulnerable children, including victims of abuse or trafficking, children 12 years old and younger, children in residential treatment centers, and children who are expected to remain in ORR custody for prolonged periods of time through a referral and appointment process determined by ORR. Services must be started in a timely manner once the appointment letter has been received from ORR.

1.2 The Contractor shall develop criteria for the referral and appointment of Child Advocates that meet the requirements of the TVPRA 2008 and VAWA 2013. Child Advocate services for UAC must end within 30 days 10 days of the child transitioning to the Unaccompanied Refugee Minors (URM) program. Additionally, Child Advocate appointments are not available for children already in the URM program.

1.3 The contractor shall provide the following Child Advocate services:

1.3.1 The Contractor shall develop a volunteer model for recruitment, training and supervision of linguistically competent Child Advocates. Bilingual ability in English/Spanish is required of 90 percent of staff/volunteers. Verbal Spanish language fluency shall be confirmed and documented. The Contractor shall also have access to interpretation services for UAC that are non-Spanish or English speaking.

1.3.2 Decision Making: The Child Advocate shall help the UAC understand legal and care-related issues, explain the consequences of decisions made in response to those issues, and assist the child in making decisions when the child requests such help. Efforts shall be documented and shared with ORR staff as requested.

1.3.3 Fact Gathering: The Child Advocate shall gather facts relevant to the UAC’s presence in the United States, including circumstances in the child’s country of origin, safety risks to the child, and any other pertinent information.

1.3.4 Client Visits: The Child Advocate shall meet with the UAC regularly and speak with the child’s care provider staff in order to understand the child’s background and current situation.

1.3.5 Best Interests Advocacy: The Child Advocate shall develop high quality recommendations through BIDs on issues of custody, care, release, and repatriation as well as with respect to any state and federal court proceeding involving the child along the continuum of the UAC’s case. Best practices and international standards1 for BIDs should be used.

The BIDs shall be developed within ORR release time frames used by Case Managers, Case Coordinators, Home Study providers, and ORR field staff and submitted in writing within 30 days of a request for a BID unless a different timeline is approved by an ORR staff member.

1.3.6 Case Updates: The Child Advocate shall collaborate with and communicate regularly with the care provider’s clinical and case management staff, designated ORR staff, and other stakeholders in the planning and performance of advocacy efforts. Case staffing and meeting times shall be established with appropriate ORR staff and care provider staff to provide case updates. For information

1 https://www.refworld.org/pdfid/5c18d7254.pdf https://www.refworld.org/pdfid/5c18d7254.pdf requests regarding cases of children released from ORR care, Child Advocates shall provide timely updates as appropriate or as requested by ORR.

1.4 The Contractor shall develop a transition plan and coordinate with the existing Contractor to accommodate any child advocacy cases currently in process to ensure continuity of services.

The Contractor shall provide a transition out plan no later than (120) calendar days prior to 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.

Task 2.0 Program Management The Contractor shall furnish necessary personnel/volunteers and related human resource support, such as travel, training, and services. Although work will be further defined as the contract progresses and per ORR's policies and procedures, program management will dictate, and include, but not be limited to the following activities:

2.1 The Contractor shall provide the technical and functional activities at the contract level needed for the program management of this Performance Work Statement (PWS). The Contractor shall provide productivity and management methods such as quality assurance, risk management, and work breakdown structure at the contract level. The Contractor shall provide administrative, clerical, documentation, training, and related functions.

2.2 The Contractor shall meet with the COR and other relevant ORR staff within seven (7) days of the effective date of contract (EDOC). The purpose of the meeting is for the Contractor to obtain relevant background information from the COR (including ORR policies and procedures), review the PWS and timeline, and identify any potential challenges. The Contractor shall present past work experience with similar projects and an initial work plan and timeline for addressing all tasks. The meeting may take place in Washington, DC, or through a conference call. Additional telephonic meetings may be scheduled as the need arises and to conform to ORR's program modifications either by legislation or design.

2.3 The Contractor shall provide a written summary of the initial meeting to the COR within two (2) weeks of EDOC. The documentation shall include a brief synopsis of discussions that occurred along with any decisions reached and action steps agreed upon.

2.4 The Contractor shall present a work plan that proposes timeframes for specific tasks to be performed, as described in this PWS. The initial plan shall be submitted for COR approval within two

(2) weeks of the EDOC and updated annually 90 days prior to the commencement of the following option year.

2.5 The Contractor shall prepare a Contract Management Plan describing the technical approach to each task, organizational resources, and management controls to be employed to meet the cost, performance, tracking, and schedule requirements of this contract. The Contract Management Plan shall include a plan for travel, standardized operating procedures and tools, professional development, and training.

The Contract Management Plan shall be updated annually by the Contractor, and approved by the COR. For the base year, the Contract Management Plan draft is due 15 days after EDOC and the final draft is due 30 days after EDOC. The draft of the Contract Management Plan shall be submitted to the COR a minimum of 90 days prior to the start of the following option year for review and approval.

2.6 The Contractor shall participate in monthly conference calls with ORR and/or on an as needed basis.

The COR will schedule a monthly call with the Contractor to review monthly reports and monitor the program.

2.7 The Contractor shall describe proposed staffing, including structure and level of expertise sufficient to fulfill contractual responsibilities. The staffing structure shall promote the Equal Employment Commission standards and demonstrate a commitment to a diverse and inclusive workforce.

2.8 The Contractor shall staff the Child Advocate services with qualified individuals who are bilingual in

English and Spanish. Staff qualifications must include a high level of experience in child welfare, immigration law, and serving immigrant youth and families.

Key Personnel should be hired within 30 days of award. The COR must approve any request for extension to these dates.

Key Personnel are defined as the Program Director, Regional Coordinators, and Supervisory Child Advocates. Selection of all new and replacement key staff requires the COR's written approval.

• The Contractor shall provide one (1) Program Director. This position will oversee the overall management of the programmatic, administrative, financial, and operational systems related to the Child Advocate program. The Program Director shall oversee compliance with the contract, ensuring that programmatic tasks and deliverables are produced and performed at an acceptable level and elevate any issues or concerns to ORR.

The Program Director shall have a Law degree or a Master’s degree in social work or an equivalent degree in a social science related discipline plus at least five years of demonstrated child welfare experience and two years of experience in program management. The Contractor shall review the Program Director position description with the COR and obtain approval prior to advertising and disseminating job announcements.

• The Contractor shall provide one Regional Coordinator per Sector. The Regional Coordinators are responsible for overseeing Supervisory Child Advocates and Child Advocates, serving as points of contact for concerns/feedback from UAC, ORR grantees, ORR staff and stakeholders regarding the Contractor’s services. The Regional Coordinators shall assist the Project Director with work assignments and other team coordination needs. The Regional Coordinators shall have either a Master’s degree in social work, Juris Doctor (J.D.), or an equivalent degree in a social science related discipline, plus at least five years of demonstrated child welfare experience and must have supervisory experience. The Contractor shall review the Regional Coordinator position description with the COR and obtain approval prior to advertising and disseminating job announcements.

• The Contractor shall provide Supervisory Child Advocates. This position will supervise the Child Advocates at the different locations. They will oversee the work of the Child Advocates who serve as the principal case contact and liaison for assigned cases to the child, ORR staff, facility staff, and attorneys. The Supervisory Child Advocates shall have a Master’s degree in social work, Juris Doctorate (J.D.), or an equivalent degree in a social science related discipline plus at least five years of demonstrated child welfare experience. The Contractor shall review the Supervisory Child Advocate position description with the COR and obtain approval prior to advertising and disseminating job announcements.

• The Contractor shall recruit, train, and maintain a staff of Child Advocates. Child Advocates provide direct services to the appointed children, complete written BIDs, and serve the children and act as a liaison between the child, ORR staff, facility staff and attorneys. The Child Advocates should have a ratio of at least 1:15 cases. This position should have a minimum of a bachelor’s degree in a social science related discipline or a field of human services and at least three years of demonstrated child welfare experience. These positions do not need to be approved by the COR prior to hire.

2.9 All Contractor staff that have any contact with UAC under this contract shall successfully complete a fingerprint criminal background check and provide Child Abuse and Neglect checks, paid for at the Contractor's expense, per ORR policies and procedures and Interim Final Rule standards (see Section 4 of the ORR Guide) in effect at the time of hiring and prior to the start of employment and contact with UAC. The contractor must update all background checks at a minimum of every five (5) years.

The Government will align with the policy for direct care staff – that they can work prior to the completion of the checks but they must be supervised by someone who has all complete checks whenever they are around children.

In addition to background checks, the Contractor shall ask all applicants about previous misconduct in written applications or interviews and impose upon employees, contractors, and volunteers a continuing affirmative duty to disclose any misconduct that arises after being hired, whether the conduct occurs on or off duty. Misconduct includes but is not limited to any criminal behavior, abuse, and/or neglect investigation, charge, arrest, civil adjudication, administrative adjudication, or conviction. Material omissions regarding such misconduct or the provision of false information by the applicant, staff, contractor, or volunteer will be grounds for termination or withdrawal of an offer of employment, as appropriate. Consistent with the law, the Contractor must also make best efforts to contact all prior care provider facilities, other institutions, and/or other former childcare employers of an applicant to obtain information on substantiated allegations of sexual abuse, sexual harassment, or inappropriate sexual behavior or any resignation during a pending investigation of alleged sexual abuse, sexual harassment, or inappropriate sexual behavior. The Contractor’s efforts to ask applicants about previous misconduct and the employee’s response, as well as efforts to contact past employers and the results, must be documented in the employee’s personnel file. The Contractor is prohibited from hiring or utilizing the services of any applicant, contractor, or volunteer who has engaged in, attempted to engage in, or has been civilly or administratively adjudicated to have engaged in sexual abuse, sexual harassment, or any type of inappropriate sexual behavior.

2.10 The Contractor shall develop an acknowledgment form and ensure that all personnel hired under this contract sign before working with UAC, acknowledging that:

1) Staff affirms and attest under penalty of perjury that staff has never been the subject of any

Child Abuse and Neglect investigations, substantiated or unsubstantiated, and/or arrested for a crime involving child abuse and/or neglect in any state and is currently not involved in any criminal or civil proceedings pending a disposition, nor been found guilty or entered a plea of nolo contendere or guilty to any offenses relating to child abuse, child neglect, or exploitation of children and/or the failure to report such abuse;

2) staff is mandated to report suspected child abuse and neglect;

https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-4#4.1.1 https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-4#4.1.1

3) staff is mandated to follow the ORR fraud scheme policy and procedures found in the ORR Policy Guide Section 5.7, and UAC Manual of Procedures Section 2;

4) staff affirms that information shared by ORR care providers, ORR staff, and other ORR funded service providers is considered ORR property. Therefore, staff must not release files, shred files, release data, or any other information about individual UAC or UAC cases that arises from ORR care providers, ORR staff, and other ORR-funded service providers to anyone without the prior authorization of ORR. Therefore, staff must not release files, shred files, release data, or any other information about individual UAC or UAC cases to anyone without the prior authorization of ORR.

2.11 Presentations given by the Contractor about the ORR program to other government agencies or non-governmental agencies require prior COR approval. Requests by the Contractor to present shall be submitted in writing to the COR a minimum of 21 business days prior to the presentation and shall include the nature and purpose, agenda, presentation curriculum, and any projected costs.

Task 3.0 Data Collection, Tracking, and Reporting

3.1 Presentations given by the Contractor about the ORR program to other government agencies or non-governmental agencies require prior COR approval. Requests by the Contractor to present shall be submitted in writing to the COR a minimum of 21 business days prior to the presentation and shall include the nature and purpose, agenda, presentation curriculum, and any projected costs.

3.2 The following records are the property of ORR: (1) Summaries of factual support for best interest determinations (“BID”) or other recommendations, as well as the BID or recommendation itself.

The Contractor shall provide factual support, including summaries of interviews with the minor, his or her family, the applicant sponsor, and other sources to support any factual conclusions included in best interest determinations or other recommendations. Such factual support shall not be drawn solely through documents supplied by ORR or the care provider staff, but rather must reflect independent investigation by the Contractor. (2) Documents gathered to support BIDs or other recommendations. The Contractor shall also supply any documents gathered in support of the BID or recommendation, including birth certificates, criminal records, medical records, school records, or similar records. (3) Other summarized information or documentation to support service planning:

The Contractor shall provide summarized information and documentation that assists ORR and the care provider(s) with service planning. (4) International home studies. The Contractor shall provide international home studies to ORR. All of the above records (1) – (4) are the property of ORR. The Contractor must not release such information or documents, shred files, or other such data without the prior authorization of ORR. Nothing in the above requires the Contractor to disclose emails between Contractor staff on specific cases, or their interview notes with the UAC.

3.3 The Contractor shall develop a quality control plan to explain what measures will be taken to ensure all services and deliverables are adequately met. The plan will be due by the 60th day of the contract issuance for review and approval by the COR.

3.4 The Contractor shall implement systems to assess the satisfaction of UAC, care providers, stakeholders, Federal Field Specialists, and ORR central office staff. The Contractor will design a template of this report that tracks all reports of concerns with services and the Contractor’s response. This report shall be incorporated into the quarterly performance report.

https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-5#5.7

3.5 The Contractor shall submit a monthly statistical report broken down by sector by the 15th day 10th day of each month to include all variables requested by the COR. Variables may include but are not limited to:

• Number of children referred for a Child advocate by location o Breakdown of who referred children (i.e. Legal Service Provider, ORR referral, other)

• Number of children declined a Child Advocate by location

• Number of children appointed a Child Advocate by location

• Number of BIDs completed by location o This shall include:

Number of current BIDs within the 30-day timeline Number of new BIDs How many BIDs approved release How many BIDs denied release

• Running totals of:

o Number of children referred o Number of children were provided services (broken down by month) o Number of children appointed a Child Advocate o Number of BIDs for the year

• Identifying the reasons for the referral of children for a Child Advocate appointment

• Identifying the reasons for children appointed a Child Advocate

• Any concerns that need to be addressed

• Any staffing updates or concerns

The final monthly report is due the date contract ends.

3.6 The Contractor shall submit a quarterly performance report broken down by sector to demonstrate Contractor performance of contract deliverables and requirements. The Contractor shall track their performance of all deliverables and performance measures and include this information in the quarterly report. This report should include a table that shows the number of UAC who are appointed child advocates, the number of children on the waitlist for any of these services, if any, and what steps are being taken to ensure all children on the waitlist receive the services they need.

The Contractor shall also provide information in the quarterly performance report detailing the quality assurance and management applied to the contract. The quarterly performance report is due 30 days following the completion of the fiscal year quarter. The final quarterly performance report is due the date contract ends.

3.7 The Contractor shall submit an annual report due 30 days after the contract year concludes. The report shall contain data for the contract year including:

• Number of referrals by location

• Number of new cases by location

• Number of BIDs by location

• Description of how each deliverable was met and the date of completion

The final annual report is due the date contract ends.

3.8 ORR may request reports on an ad hoc basis depending on the needs of the program. The COR and

Contractor shall discuss the work load to ensure appropriate staffing support is provided. The COR will most often request this information and provide a due date.

3.9 The Contractor shall participate in monthly conference calls with ORR staff or on an as-needed basis.

3.10 The Contractor shall respond to case inquiries and requests for case updates from ORR staff. All requests shall respect the Child Advocate-client relationship, however, as recipients of ORR funds, this allows for a blanket informed consent and privy to child advocacy updates.

3.11 The Contractor shall focus on creating BIDs. Contractor staff may report concerns to the designated ORR staff following the designated chain of command. The Contractor shall perform other duties as established in the list of roles and responsibilities developed between the COR and the Contractor and as per ORR policies and procedures.

3.12 Intentionally left blank. The Contractor shall submit a bi-weekly Burn Rate Report.

3.13 The Contractor shall submit, at a minimum, monthly invoices for related expenses to include final reimbursable claims thirty (30) business days after the end of the month.

Task 4.0 Training and Education

4.0 The Contractor must provide training to all new staff and volunteers, where the level and type of training provided is based on the services they provide and the level of contact they have with children. Training must be completed prior to having direct contact with children and must be documented in staff and volunteer files.

4.1 The Contractor shall develop a standardized training curriculum that all contract staff must complete prior to any case assignments. The training curriculum shall be submitted to the COR in the Contract Management Plan. Any subsequent changes should be submitted to the COR for approval and the Contract Management Plan updated/amended to reflect the change. Training curriculum topics shall include but not be limited to the following:

• ORR operational policies and relevant guidance

• Confidentiality

• Cultural competency, including awareness of and sensitivity to different cultural backgrounds

• Prohibition against conflicts of interest

• Immigration and child welfare systems (local, national, international)

• Child development theory

• Issues related to loss and family separation

• Common health and mental health issues

• Working with victims of human trafficking and other crimes

• Mandatory child abuse and neglect reporting requirements: prevention, signs, and reporting

• Professional boundaries

• Code of Conduct and Conflicts of Interest

• ORR Guide: Children Entering the United States Unaccompanied Section 4: Preventing, Detecting, and Responding to Sexual Abuse and Harassment regarding any guidance for contractors and volunteers

4.2 The Contractor is responsible for developing systems to identify areas in which staff are in need of training or technical assistance, and for the development and implementation of corresponding plans to address any training or technical assistance needs.

4.3 The Contractor shall create positive relationships with and educate stakeholders about the Child Advocate program. Stakeholders could include federal agency staff, legal service providers, ORR providers such as shelter grantees and contractors, community partners, and experts in the field of child welfare and migration.

4.4 The Contractor may be requested to participate in the Annual ORR Training and to assist in the development of training sessions and materials. Approval is required by the COR for the Contractor’s participation in ORR trainings and/or conferences. Unless the Contracting Officer provides explicit written approval for conference expenses, conference expenses are not allowable under this contract.

Task 5.0 Compliance with Regulations, Policies and Procedures

5.1 The Contractor shall provide support and services in a systematic and uniform manner to ensure compliance with regulations, ORR's policies and procedures, the Flores Settlement Agreement, Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279), Section 235 of the TVPRA 2008 (8 U.S.C. 1232), as amended, and relevant portions of the Prison Rape Elimination Act of 2003 (PREA of 2003), 42 U.S.C. §15607, as amended.

5.2 The objective of the contract is to work cohesively and to collaborate on issues that may impact the program and the UAC’s case. The Contractor shall make efforts to collaborate with Legal Service Providers, ORR staff, and ORR Care Provider staff for their assigned cases. Collaboration is especially encouraged to occur for victims of abuse or trafficking, children 12 years old and younger, children in residential treatment centers, and children who are expected to remain in ORR custody for prolonged periods of time.

5.3 Given the COVID-19 pandemic, contractors must adhere to any state licensing authority requirements and local, state and Federal public health COVID-19 guidance regarding quarantine and isolation guidelines and capacity limitations.

Operating Constraints Constraints are mainly a result of VAWA 2013, §1262 which places the following expenditure restrictions on Child Advocate programs.

• No more than 10 percent of federal funds received under this contract may be used for administrative expenses; and

TRANSITION IN:

The awarded Contractor’s transition in should ensure minimum disruption to vital government business and must be completed within 30 calendar days after contract award. Upon completion of the transition, the Contractor shall fully staff and prepare to begin full performance under the requirement of the contract. The Contractor shall ensure that there will be no service degradation during transition. The

Contractor shall propose a ‘transition in’ to their management approach and it will be discussed during the project kick-off meeting.

TRANSITION OUT:

The ‘transition-out’ plan shall facilitate the accomplishment of a seamless transition from the incumbent to the incoming Contractor at the expiration of the current contract. The Contractor shall provide a transition out plan no later than ninety (90) calendar days prior to expiration of the current contract. The Contractor shall establish and maintain effective communication with the incoming contractor and/or Government personnel for the period of the transition via status meetings. The Contractor shall identify how it will coordinate with the incoming contractor and/or government personnel to transfer knowledge regarding the following:

• Project management processes

• Points of contact

• Location of technical and project management documentation

• Status of ongoing technical initiatives

• Appropriate contractor to contractor coordination to ensure a seamless transition

• Transition of Key Personnel

• Identify schedules and milestones

• Identify actions required of the Government

• Pending course of action to be taken by Child Advocates to resolve pending cases

The Office of Refugee Resettlement’s (ORR) Division of Children Operations (DUCO) requires child advocate services for the best interest of Unaccompanied Children (UC) by creating Best Interest Determinations (BIDs) for the most vulnerable children in...