LOPE_SOW_4-09-2019.docx

EOIR Legal Orientation Program for Expedited Removal Fiscal Year 2019 Statement of Work

I. PURPOSE

The purpose of the Legal Orientation Program for Expedited Removal (LOPE) is to improve adjudication efficiency and assist all parties in the expedited removal process – unrepresented detained adults, Immigration and Customs Enforcement (ICE), United States Immigration and Citizenship Services (USCIS), the Executive Office for Immigration Review (EOIR) Immigration Court, and the detention facility. The LOPE accomplishes this by informing detained respondents appearing before USCIS Asylum Officers, and, subsequently, the EOIR Immigration Court, on the adjudicating agency’s practices, procedures, available legal options and other relevant resources. The Contractor will provide LOPE services for detained adult aliens who are, or may be, placed in the Department of Homeland Security (DHS) expedited removal process and/or EOIR Immigration Court proceedings at the Tallahatchie Asylum Staging Center (TASC), Tutwiler, MS.

II. PERIOD OF PERFORMANCE

The period of performance for the below site is a base period from 6/19/2019 to 11/30/2019 and one optional period from 12/1/2019 to 6/18/2020.

III. PLACES OF PERFORMANCE

The Contractor shall provide services at the following location:

A. Tallahatchie Asylum Staging Center (TASC) a.k.a. Tallahatchie County Correctional Facility, 415 U.S. Highway 49 North, Tutwiler, MS 38963

The Government, on a case-by-case basis, may authorize the use of virtual teleconferencing (VTC) or teleconferencing. The Contractor will be notified if VTC or teleconferencing is available and permissible.

IV. SCOPE

The Contractor shall provide the following services:

Coordinate with the COR and on-site representatives to implement the LOPE program at the site. “On-site representatives” may include officials from ICE, USCIS, EOIR, or other individuals deemed necessary by the Contractor or the COR.

Work collaboratively with governmental agencies, and other private non-profit agencies and pro bono attorneys who regularly represent aliens in removal proceedings. The Contractor shall make all reasonable efforts to maintain positive working relationships with LOPE stakeholders. At all times, the Contractor’s staff shall present a professional appearance and demeanor and shall be helpful and courteous to all LOPE stakeholders.

Provide LOPE in-person at the site 3 to 4 days (“visits”) per week. The Contractor, with approval from the COR, may provide live LOPE services remotely via video teleconferencing (VTC) equipment or other videoconferencing or virtual technology.

Provide staff for the LOPE at a total level of 1-3 Full Time Equivalents (FTE). The Contractor will staff each visit with no less than 1 bilingual Spanish and English speaker. The Contractor will staff each visit with no less than 1 licensed attorney or Department of Justice Accredited Representative with Full Accreditation.

The Contractor will adhere to the site security clearance requirements as set forth by ICE and/or its contractors.

Provide 1-2 Group Orientations per visit to all aliens, who are or may be placed in the expedited removal process (with reasonable exceptions to be approved by the COR), prior to their Credible Fear Interview before the USCIS Asylum Office. Additional Group Orientations may be provided to aliens prior to subsequent interviews or hearings. Group Orientations will review the legal obligations of, and the range of legal options available to, aliens in the expedited removal process and/or immigration court removal proceedings, and alert these individuals to their alternatives or the lack thereof.

Follow the structure of the Group Orientation as designed by the EOIR Legal Orientation Program for Expedited Removal and contained in the Legal Orientation Program for Expedited Removal Manual. The LOPE presenters will respond to general concerns of individuals in group question-and-answer periods held during the group orientations.

Adhere to criteria and guidelines for the operation of an LOPE as set forth for the LOPE in the Legal Orientation Program for Expedited Removal Manual and other official program guidance issued by the COR.

Conduct group orientations primarily in the Spanish and/or English languages. For non-Spanish or English language speakers, the contractor may use language interpreter services provided by or facilitated through the government.

State at the beginning of each Group Orientation that the presenter is not the attorney or representative of the aliens, and that the views expressed by the presenter do not necessarily represent the views of EOIR, ICE, the Department of Justice, the Department of Homeland Security, or the United States Government. In addition, the presenter shall not, in any manner, either speak, or appear to speak, on behalf of EOIR, ICE, the Department of Justice, the Department of Homeland Security, or the United States Government.

Provide 10-30 Individual Orientations per visit when requested by unrepresented individuals. The Individual Orientations are intended to assist individuals in understanding their legal situations. The presenters may respond to specific concerns/questions of an individual regarding matters of immigration law and procedure. Individual Orientations should be distinguishable from consultations with legal representatives to avoid the appearance of representation to the individuals.

Explain to all aliens receiving an Individual Orientation that the presenter is not their attorney or representative. In addition, the presenter shall not, in any manner, either speak, or appear to speak, on behalf of EOIR, ICE, the Department of Justice, the Department of Homeland Security, or the United States Government. The presenter shall also obtain written acknowledgment from the individual stating, in effect, that the individual understands the presenter is not his/her attorney or representative, that the individual has voluntarily given his/her information, the individual authorizes the sharing of their information for the purposes of potential placement of their case with pro bono counsel, and that there is no guarantee of pro bono representation in the individual’s case.

Conduct the Individual Orientation in the language most appropriate for the alien.

Develop and distribute to individuals at the Group Orientation and Individual Orientation appropriate written legal orientation and other relevant and informative materials, as well as make available any relevant recorded materials. All such materials intended for distribution under this agreement must be pre-approved by the COR.

Conduct bi-weekly conference calls with all LOPE provider sites and the COR to discuss program operations and performance. The Contractor and the COR may hold fewer conference calls or additional conference calls and/or meetings as they deem mutually necessary.

The Contractor will report to the COR any problems that arise related to the performance of the specific tasks in this Statement of Work, and will consult with the COR regarding resolution of such problems.

The Contractor will coordinate with the COR to conduct visits of the designated site by the COR and/or the Contractor to monitor performance and provide feedback regarding observed performance.

V. LIMITATIONS ON SUPPORT SERVICES

Contract funds are specifically restricted to the services outlined within this Statement of Work (SOW), and may not be used to provide “representation” within the meaning of 8 C.F.R. Section 1000.1(m), and as restricted by § 292 of the Immigration and Nationality Act, 8 U.S.C. § 1362.

A. In the event the Contracting Officer or COR finds that the Contractor has failed to comply with the purpose of the LOPE or any provision of this Statement of Work, the Contractor’s representative shall be promptly notified in writing of the nature and scope of the found deficiency. Upon such notice, the Contractor will have 7 business days to respond and/or remedy the deficiency before any further action is taken by the Contracting Officer or COR. The Contracting Officer or COR will notify the Contractor, within 7 business days of any response or attempt to remedy, as to whether the Contractor is still found to be out of compliance with this Statement of Work.

B. The Government may cancel this contract for cause or for the Government’s convenience by providing advance written notice to the Contractor.