Questions and Answers - LAB Final 03102022.pdf

Solicitation 15JE1R22Q00000001 Questions and Answers

1. Part III, Subsection (14) in initial SOW has been deleted. Deletion from Initial SOW:

“(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.”

Question or concern: This current SOW does not include in its scope of work the presence of LSPs at the NRI interviews and the offering of assistance as a Friend of the

Court. Can you provide an explanation as to why this part was altered? The contract should not only allow for this scope of work but should expand it by allowing for attorneys to enter limited attorney-client representational agreements for the NRI interview.

Response: We can only respond to questions regarding the current solicitation. The suggestions made are being carefully considered by EOIR, but we cannot provide a response at this time.

2. Part III, subsection 5. B: “Prior to the start of the Individual Orientation, the Contractor shall verbally notify those receiving an individual orientation that they are not the unrepresented noncitizen’s legal representative. In this regard, the Contractor may respond to an unrepresented noncitizen’s questions that are general in nature. The

Contractor 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.”

Question or concern: The scope of work should allow attorneys to enter limited service agreements with folks subjected to MPP, whereby they can do a complete intake, answer specific questions, and help prepare the noncitizen for the NRI interview (in addition to providing basic KYR type information). Can you provide some guidance as to why this is not considered in the current SOW?

Response: EOIR is carefully considering the suggestion above, but we cannot provide a response at this time.

3. Part III, subsection 5: “Individual Orientations shall be provided every day of the week on a fixed schedule each day, during the hours with the highest anticipated demand.”

Question or concern: It is going to be very challenging for LSPs to obtain attorneys/legal workers to staff for 7 days a week, with no allowance for holidays and weekends. Can you provide guidance as to why these interviews have to happen 7 days a week with no accounting for weekends/holidays?

Response: Under the MPP framework, noncitizens may be enrolled every day of the week by CBP. MPP enrollees who are scheduled for NRIs have at least 24 hours to consult with legal service providers. Under these parameters, and unless/until this changes, the contractor will need to be available seven days/week in order to provide orientation services.

4. Part III, subsection 11: “The Contractor shall develop a pro bono referral plan to promote and facilitate pro bono representation.”

Question or concern: Does the pro bono plan referred to contemplate pro bono placement for purposes of the merits or also for representation at an NRI? If the latter, will time extensions be granted for NRIs placed with Pro bonos? It will be challenging to recruit pro bono attorneys to participate in interviews with 24 hours' notice.

Response: The pro bono referral plan contemplates any relevant and feasible pro bono legal representation services that can be provided to MPP enrollees under the current conditions.

5. Question: Does the RFQ contemplate a subcontractor being able to inform CBP when it believes someone should be excepted from the program due to special vulnerabilities etc.? If so, what will be the mechanism for a subcontractor to raise the issue? If not, why isn't this included?

Response: The RFQ neither contemplates this nor restricts this as a service covered under the contract. EOIR is open to engaging with the contractor and DHS on this.

6. The SOW references the contractor to provide cellular connections. Are these facilities constructed so that cellular communications is possible? Or is ethernet connections provided by the government possible?

Response: CBP informed EOIR that all facilities have cell phone reception. Should this not be the case, then EOIR will take all reasonable measures to ensure that cell/internet communications are possible.

7. Will this program be used in Mexico shelters? Or only in the US?

Response: Only in the United States.

8. When the solicitation says presenters must be either attorneys, DOJ reps, or contractor staff under the supervision of an attorney or DOJ rep, does "contractor" staff mean the individual must be contracted with the organization for a fee? Could they be an unpaid law intern or pro bono supervised by a paid staff member?

Response: Contractor staff must be individuals who work under the supervision and responsibility of the contractor’s management.

9. Is it possible to propose covering a service area for partial services ( for example, 16 or

24 hours or 3 designated days per week instead of 56 hours for a week) and is it possible to not offer services during office closures (such as two weeks over winter holidays) that do not coincide with a federal holiday. We generally don't have staffing on the weekends, so providing services on the weekends may not also be possible.

Response: Unfortunately not. We need a contractor to cover the entire anticipated number of MPP enrollees at least at one of the four main locations. This includes services over the weekends and holidays, since CBP will continue to operate during these times.

We do encourage vendors to work with other potential subcontracting vendors, such as other organizations and/or private attorneys who can help meet the need.

10. How can a contractor give EOIR approved self-help legal materials during the individual orientation? For example, do contractors provide the printer for CBP to print out? Or are we allowed to text or email links directly to the applicant? Are these the only materials that can be distributed? http://www.justice.gov/eoir/self-help-materials? Is it possible to get an I-589, translated into Spanish, approved for distribution?

Response: CBP staff would facilitate distribution of these materials. Providing printers could be a way, or to send these via mail to CBP. Yes, text or email links can be sent directly to the applicant. You can use our materials or develop your own (which we enthusiastically encourage), but materials need to be reviewed/approved by EOIR prior to distribution. Yes, we have an I-589 translated into Spanish, but it has a watermark that says DRAFT or NOT FOR OFFICIAL USE.

11. How can we collect documents from the unrepresented individual, such as the electronic signature for pro bono referral and placement? Are we allowed to send an Adobe PDF and ask for their signature? How would we get this to them during the 30 min orientation? Are we allowed to have the individual hold up documents and take photos through the web ex platform or other technology?

Response: Yes, and yes. We are open to this idea.

12. Can we provide a number for pro se applicants to follow-up with the contractor to receive more information on pro bono referrals and placement (For example, some unrepresented individuals may not have a telephone or email address)

Response: Yes please. This is intended.

http://www.justice.gov/eoir/self-help-materials

13. Will MPP enrollees have access to continued pro se assistance such as the Immigration

Court Help Desk in E Paso during the contract period?

Response: Absolutely. We see this as part of the continuum of legal services.

14. Can the Pro Bono Plan include referrals for limited legal representation, such as pro bono assistance with the preparation and submission of the I-589, but not full representation at an individual hearing?

Response: The Pro Bono Plan may include referrals for pro bono assistance for limited legal appearances when such is allowed under federal regulation.

15. For the bid, would a budget format with personnel costs, contract costs, and Other than

Personnel Expenses for the contract period (see attached for example) meet the requirements for back up on the cost of the program for a fixed rate contract? And would the drawdown/invoice process be equal monthly installments?

Response: The vendor can submit the proposal in whatever format they deem necessary as long as the proposal includes all relevant information as it pertains to the evaluation factors. We do not have the pricing information at this time, so we cannot confirm how the monthly payments will be invoiced.

16. My firm is a minority woman owned small business and I am interested in this contract. I am new to the contracting space but have been an immigration attorney for many years. I am interested in contracting/sub-contracting on this contract and would like to know if there is an incumbent or list of providers who the contract will be given to. I would appreciate any information you can provide to me about contracting/sub-contracting on this contract.

Response: This is a new contract requirement. There is no incumbent or list of current providers.

End of Q&A