LAB - Statement of Work.pdf

EOIR Legal Access Program at the Border Statement of Work

The Legal Access at the Border (LAB) program is offered through the Executive Office for Immigration Review (EOIR). The purpose of this program is to improve the efficiency and effectiveness of EOIR Immigration Court proceedings by providing legal services to noncitizens who are: (1) in the custody of the Department of Homeland Security (DHS), Customs and Border Protection (CBP); (2) in, or may be placed in, removal proceedings; (3) seeking entry into the United States from locations along the U.S. Southwest Border; and (4) in, or may be enrolled in, the Migrant Protection Protocols (MPP). The legal services will include general information and presentations (legal orientation) about:

1. Options and procedures related to remaining in the United States during the pendency of removal proceedings, such as the non-refoulement interview (NRI) before U.S.

Citizenship & Immigration Services (USCIS); and

2. Immigration court practices and procedures, relief and protection from removal, and other relevant resources.

The Contractor will provide LAB services to noncitizens at one or more of the seven (7) locations (i.e. CBP facilities) in the following geographical locations.

1. San Diego, California

2. Calexico, California

3. Nogales, Arizona

4. El Paso, Texas

5. Eagle Pass, Texas

6. Laredo, Texas

7. Brownsville, Texas

Services provided to noncitizens assigned to locations not listed above or not within local travel distance (i.e., 50 miles) from these locations listed above must receive prior written approval from the Contract Officer’s Representative (COR).

The Government, in consultation with the Contractor, will determine a start service date of not more than 60 calendar days to begin services at the above locations. Upon the Contractor’s request, and with evidence of meaningful attempts to begin services (including remote options), the COR may extend the timeline established in increments of 30 days, not to exceed two extensions. The Government will determine additional LAB locations as appropriate. Following identification of a new location for services, and in due consideration of the Contractor’s assessment of the viability of a LAB location, the Government, in consultation with the Contractor, will determine the appropriate start service date for any additional locations to be identified in the future. These additional locations shall be incorporated by contract modification.

A. The period of performance for the above locations is 12 months from the award date.

B. The specific tasks to be provided are as follows:

(1) Prior to the start of services at each LAB location, the COR must approve of a Program

Operation Plan (POP) submitted by the contractor. The POP must include:

(a) Structure and schedule for Individual Orientations, Group Orientations, and Pro Bono referrals; and

(b) Structure and schedule for providing supplemental remote legal services (see

B(14) below).

(2) Coordinate with the COR and on-site representatives to implement the program at the designated locations. “On-site representatives” may include officials from EOIR, DHS, or other individuals deemed necessary by the Contractor or the COR.

(3) Work collaboratively with governmental agencies, and other private non-profit agencies and pro bono attorneys who regularly provide legal services to noncitizens in removal and other immigration proceedings before EOIR and USCIS. The Contractor shall make all reasonable efforts to maintain positive working relationships with LAB stakeholders.

At all times, the Contractor’s staff shall present a professional appearance and demeanor and shall be helpful and courteous to all LAB stakeholders.

(4) Regarding the use of Government-controlled space for purposes of providing Group and/or Individual Orientations, the Government will ensure in-person access to CBP facilities where orientations take place, and to suitable space within those facilities, including space appropriate for private discussions. Alternatively, the Government and Contractor may also agree to remote services provided via telephone or video technology.

In such situations, the Government will ensure access to remote services via telephone or remote video technology in Government-controlled space.

(5) The Contractor will develop written and recorded materials for EOIR review and approval for distribution through LAB services. The Contractor will not distribute materials that have not received approval from the COR.

(6) Subject to applicable privacy and confidentiality laws and consistent with any necessary clearances, review in advance available information on noncitizens who are or may be enrolled in the MPP and who are or may be scheduled to appear at an NRI interview in order to make necessary preparations for services to be provided.

(7) The Contractor will provide Individual and/or Group Orientations to noncitizens who are or may be enrolled in MPP, including those who are referred to USCIS for NRIs and who request assistance and information from the Contractor. The Contractor shall make these services available when a noncitizen seeks to enter the United States, such as at the time of enrollment into MPP, and during the 24-hour consultation period after an individual is enrolled in MPP.

(8) The Group Orientations must follow the general structure of Group Orientations as used by the EOIR Legal Orientation Program and contained in the Legal Orientation Program

Training Manual. The Contractor presenters will respond to general concerns of noncitizens in group question-and-answer periods held during the Group Orientations.

The Group Orientations must include general information about 1) the MPP process, including the NRI; 2) Asylum, Withholding of Removal and protection under the Convention Against Torture; 3) the immigration court process; and 4) other available legal services.

(9) Provide Individual Orientations when requested by non-represented noncitizens. The

Contractor shall also verbally notify those receiving Individual Orientations that they are not the unrepresented noncitizen’s legal representatives prior to the start of the Individual Orientations. Presenters may respond to unrepresented noncitizens’ questions that are general in nature. Presenters may only respond to questions specific to an immigration case or specific factual scenario by providing general information or a referral to a legal representative. Individual Orientations and responses to any questions must be general in nature, must not constitute legal advice, and shall avoid the appearance of representation to the unrepresented noncitizen (see Section B). In addition, Individual Orientations shall also be provided for the purpose of:

a. Identifying cases for possible pro bono representation; and

b. Distributing appropriate self-help legal materials.

(10) The Contractor presenters shall be attorneys, DOJ Accredited Representatives with full accreditation, or other Contractor staff working under the direct supervision of an attorney or DOJ Accredited Representative with full accreditation, with reasonable exceptions to be approved by the COR. Direct supervision means that an attorney or fully Accredited Representative is present at the site on the day of services or, in the event of emergent circumstances preventing on site presence, is reachable by telephone to consult with Contractor staff. However, if the Contractor is providing services via remote technology, direct supervision means that an attorney or fully accredited representative is available to the Contractor staff by phone within five minutes of Contractor staff sending notice of a need for contact.

(11) Conduct LAB services in the language most appropriate for the noncitizen served. If the noncitizen does not understand the language in which LAB services are conducted, the Contractor shall provide interpreters and written or recorded materials in the language understood by the noncitizen.

(12) Explain to all unrepresented noncitizens receiving LAB services that the presenter is affiliated with the Contractor/Subcontractor organization, and that the program was developed and is funded by EOIR. Explain further that the presenter is not the attorney or representative of the noncitizen(s). Presenters should not deviate from the EOIR-approved informational topics, or materials, with the understanding that information is often provided in a conversational tone and may need to be presented in a variety of ways for comprehension. For all presentations other than Group Orientation Sessions, the presenter shall also obtain written acknowledgment from each unrepresented noncitizen stating, in effect, that they (a) understand the presenter is not the attorney or representative of the noncitizen, (b) have voluntarily given their information, and (c) understand that the program cannot guarantee pro bono representation in their case. If written acknowledgment is impractical (as determined by the Contractor in consultation with the COR and in writing), such as remote delivery of LAB services, the Contractor may provide the information and receive the noncitizen’s acknowledgment verbally.

(13) Design and distribute to noncitizens appropriate written and/or recorded legal orientation information, self-help and other relevant and informative materials. All such materials intended for distribution or that are distributed to noncitizens under this agreement must be pre-approved by the COR.

(14) Provide supplemental LAB services in accordance with the POP, which may be in the form of:

a) Legal Navigator services involving being present and offering assistance to noncitizens during their NRIs (similar in role/scope to a “Friend of the Court”); or

b) Information collection for purpose of pro bono referral.

(15) Develop a Pro Bono Referral Plan to promote and facilitate pro bono representation for unrepresented noncitizens served. The Contractor shall provide referrals to available pro bono legal and other relevant services. The Contractor shall exercise care to avoid the perception that such referrals constitute representation. In order for the Contractor to release information and/or documents collected during the performance of services under this task order to any third party, including for purposes of pro bono referral and placement, the Contractor must obtain written consent from the unrepresented noncitizen.

The consent to disclosure of information must meet Privacy Act requirements such as those provided in Form EOIR-59, and comply with the Immigration and Nationality Act and 8 CFR 1208.6, where applicable.

(16) As needed, develop a LAB services manual to provide training and logistical planning and execution for all essential participants in the program, including Contractor/Subcontractor staff and key management staff. This training may be in the form of an annual conference, a series of on-site training programs for small groups, and/or other means such as virtual trainings, individual phone consultations and group conference calls. For all virtual training, the Contractor must provide access to the technology necessary to facilitate participation. The Government will augment training as necessary to provide relevant instruction on practices, procedures, and other information not readily available to non-Government officials.

(17) Report to the COR any problems that arise related to the performance of the specific tasks in this Statement of Work, and consult with the COR regarding resolution of such problems.

(18) Coordinate with the COR to conduct visits of each designated location by the COR and/or the Contractor to monitor performance and provide feedback regarding observed performance.

(19) Invoicing. The Contractor shall submit a status report to the Government together with the monthly invoice by the 15th calendar day of the following month. The report shall include the labor hours, broken down by labor category and activity type, upon which the invoice is predicated.

(20) Quarterly Reports. The Contractor shall submit, based on the fiscal year, a quarterly program management progress report to the COR listing the following services conducted pursuant to this Statement of Work over the past quarter and cumulatively since the beginning of the contract year, including (i) the number of Group Orientations;

(ii) the number of Individual Orientations (including follow-up orientations); (iv) the number of noncitizens provided Legal Navigator services; (v) the total number of noncitizens served; (vi) the number of pro bono placements made; and (viii) other data as deemed necessary by the Contractor and the COR.

(21) The Government shall have full access to data collected for the performance of the task order and can request ad hoc reports with 10 business days of notice to the Contractor unless the COR approves an extension.

(22) Conduct monthly conference calls with the Government to discuss program operations and performance, and at any time when either party believes it is necessary.

C. Contract funds are specifically restricted to the services outlined within this Statement of

Work.

D. Travel. Local travel, defined as travel within fifty (50) miles of the applicable primary place of performance (i.e., the CBP facility intended to be the site of LAB services) will not be reimbursed under this task order. Long-distance travel, defined as travel outside of the fifty (50) mile radius of the applicable primary place of performance must receive written approval by the COR before any travel expenses are incurred. Travel requests may be sent to the COR on a quarterly basis, or as needed. Approval or denial will be communicated within five business days of the request. For purposes of travel for training, the Contractor is responsible for all logistical arrangements.

E. In the event the Contracting Officer or COR finds that the Contractor has failed to comply with the purpose of the LAB 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 identified deficiency. Upon such notice, the Contractor will have 30 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 seven (7) 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.

F. The Government may cancel this order or the provision of LAB services at a particular location covered by this order for cause or for the Government’s convenience by providing advance written notice to the Contractor.

G. See attached Instructions to Offerors for use in preparing your quote.

*****END OF STATEMENT OF WORK*****