LAP IDIQ RFP revised 5.6.22.pdf

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 General

(a) The services to be performed under this contract are legal access, orientation, and representation services for the Executive Office for Immigration Review (EOIR). All requirements will be fulfilled on an indefinite-delivery, indefinite-quantity (IDIQ) task order basis.

(b) The contract will include a one (1) year base period and four (4) option periods as described in the table below. See Section F.1 for complete contract term and option information.

Contract Term

Phase-in Period 06/01/22 thru 07/31/22

Base Period 08/01/22 thru 07/31/23

Option Period 1 08/01/23 thru 07/31/24

Option Period 2 08/01/24 thru 07/31/25

Option Period 3 08/01/25 thru 07/31/26

Option Period 4 08/01/26 thru 07/31/27

(c) Because the continuing provision of support services is essential to continuity of the program, it is critical that the phase-in of contractor personnel and the assumption of ongoing tasks is accomplished in a well-planned, orderly and efficient manner.

(d) The performance of all work under this contract shall be initiated by the issuance of task orders by the Contracting Officer as discussed in Sections C.5.1 and H.2. Task orders may be issued on a firm-fixed price, labor-hour, or time-and-materials basis, or any combination thereof.

B.2 Minimum and Maximum Amounts

(a) The Government will order a minimum amount of $50,000.00 under this contract. The

Government will have the entire term of the contract (to include all options) to fulfill the contract minimum.

The specific contract line item numbers (CLINs) and quantities will be identified in the task order(s) issued under this contract. The exercise of the renewal options (see Section F.2) does not re-establish the contract minimum. During the life of this contract, the Government may order items in any quantity up to the maximum amount specified in paragraph (b) below. If the minimum amount has not been ordered, the

Government will exercise the option for the next year.

(b) There are no maximum quantities or amounts for each individual CLIN, task order, or contract period. The maximum aggregate amount of all task orders issued under the contract shall not exceed

$250,000,000.00 for the entire term of this contract, including all options which may be exercised.

B.3 Pricing Tables

(a) All prices are fixed unit prices that include direct labor, fringe benefits, applicable indirect costs, and profit necessary to provide the services specified in the contract and/or task order. All contract unit prices and multipliers (applied to other direct cost items) shall be as specified in the pricing tables contained in Attachments (1.1) through (1.6). Additional pricing tables may be added throughout the duration of the contract, as applicable, as support for other legal access, orientation, and representation programs are needed.

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

(b) The following definitions apply to the applicable pricing table(s) contained in Attachments (1.1) through (1.6):

(1) Loaded Hourly Rate. All loaded hourly rates shall be all inclusive of direct labor, local travel expenses, fringe benefits, applicable indirect costs, and any profit necessary for each labor category. The loaded hourly rates set forth in the pricing tables shall be the rates charged for services (excluding the National Qualified Representative Program

(NQRP) and Counsel for Children Initiative (CCI)) performed under the contract and/or task order. The contractor may discount the loaded hourly rates at the task order level.

(2) Multiplier. The factor to be applied against the actual cost of any Other Direct Cost

(ODC) item to cover administrative handling expenses. The multiplier is to be applied against the actual cost of an ODC for which reimbursement has been authorized. The billable amount shall be limited to the actual cost plus the amount resulting from the application of the appropriate multiplier identified in the table (e.g., actual cost of item is

$100.00, and multiplier for the CLIN is 1.02, the total billable amount is $102.00). For subcontracted items/services, the multiplier shall only be applied one time. For example, a subcontractor might be required to travel. It is not permissible for the subcontractor to apply a markup to the travel costs in billing the prime contractor, and then for the prime contractor to apply another markup when billing the Government. The multiplier may only be applied once, and must be applied to the original cost of the item.

(3) CCI Case Assignment. All rates shall be all inclusive of direct labor, all travel expenses

(excluding training and site visit travel costs), other direct costs, fringe benefits, applicable indirect costs, and any profit necessary to provide the level of service specified in the contract and/or task order.

(4) Franco NQRP Case Representation. All rates shall be inclusive of direct labor, all travel expenses (excluding training and site visit travel costs), other direct costs, fringe benefits, applicable indirect costs, and any profit necessary to provide the level of service specified in the contract and/or task order.

(5) Nationwide Policy NQRP Case Representation. All rates shall be inclusive of direct labor, all travel expenses (excluding training and site visit travel costs), other direct costs, fringe benefits, applicable indirect costs, and any profit necessary to provide the level of services specified in the contract and/or task order.

(c) Long-Distance Travel. All reimbursable long-distance travel shall be approved in advance by the Contracting Officer’s Representative (COR). Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31 of the Federal Acquisition

Regulations. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit (to the

COR) a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Individual travel authorization letters may be provided to the Contractor (for all Contractor personnel who are required to travel) which may allow

Contractor personnel to receive Government rates when on long distance travel. The Department encourages advance airfare purchases to take advantage of supersaver discounts. If the trip is canceled or travel dates are changed due to the Government's actions, the Government will, absent special circumstances, pay airline cancellation charges or airline charges for changes in the travel dates.

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Introduction

EOIR has a requirement for the following non- personal services for noncitizens who are, or may be, placed in immigration proceedings before EOIR’s Immigration Courts and the Board of Immigration

Appeals:

(a) Legal orientation programs for detained and non-detained noncitizen adults and for the custodians of Unaccompanied Children (UC);

(b) Immigration court helpdesk programs for non-detained individuals;

(c) Direct legal representation programs for certain noncitizen children and detained adults; and

(d) Other legal access, orientation, and representation programs.

C.2 Background

(a) EOIR was established in January 1983. Under delegated authority of the Attorney General of the United States, EOIR administers and interprets federal immigration laws and regulations through the conduct of immigration court proceedings, appellate reviews, and administrative hearings in individual cases. EOIR carries out these responsibilities through its three main components:

(1) The Office of the Chief Immigration Judge (OCIJ), which oversees all the immigration courts and their proceedings throughout the United States;

(2) The Board of Immigration Appeals (BIA), which hears appeals of decisions made in individual cases by Immigration Judges, District Directors of the

Department of Homeland Security (DHS), or other immigration officials; and

(3) The Office of the Chief Administrative Hearing Officer (OCAHO), which resolves cases concerning employer sanctions, document fraud, and immigration-related employment discrimination.

(b) The Office of the Chief Immigration Judge oversees and directs the activities of immigration courts throughout the United States. Immigration courts operate in federal buildings, private buildings, correctional institutions, and DHS-operated and/or DHS-contracted detention centers and other facilities. Immigration judges conduct immigration hearings at these courts to resolve various immigration matters.

(c) There are various types of immigration proceedings before the court, including inter alia reviews of credible and reasonable fear determinations. However, the vast majority are removal proceedings, which include Master Calendar and Individual Hearings. In Master Calendar hearings, Immigration Judges are required to ensure that noncitizens have a clear understanding of the charges against them, their procedural rights during the hearing process, and their options for relief. In

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR addition, Immigration Judges attempt to provide adequate time for noncitizens to assemble facts, documents, and witnesses which may be helpful in their pursuit of relief from removal at their

Individual Hearings. As a result, the additional time required by pro se noncitizens often places a great burden on the court’s dockets and reduces the efficiency of the Master Calendar hearing process. For unaccompanied children, EOIR previously carried out the Baltimore Representation Initiative for

Unaccompanied Children as well as the Remote Access Initiative in multiple areas of the U.S.

Southeast. In FY 2021, EOIR launched the Counsel for Children Initiative (CCI) which provides representation to certain qualified children.

(d) In FY 2016, with specific funding from Congress, EOIR launched the Immigration Court

Helpdesk (ICH) Program to serve non-detained noncitizens in immigration court proceedings. The primary purpose of the ICH is to orient non-detained noncitizens appearing before the immigration court on the removal hearing process and to inform them about possible remedies and legal resources.

In 2021, EOIR launched the Family Group Legal Orientation (FGLOP) Program to serve certain family groups, released from ICE custody on ATD (Alternative to Detention), whose cases are placed on an immigration court’s Dedicated Docket.

Attachment (2) provides a list of current sites where the different programs exist. This list is provided for informational purposes and does not restrict the Government from requiring services be performed at additional sites during performance of the contract.

C.3 Project Management Support

C.3.1 General

(a) The Contractor shall provide all management, administration, staffing, planning, scheduling, etc., for all items and services required by the contract and individual task orders. Project management support activities include, but are not limited to, all activities associated with overall prime/subcontract/task order management (e.g., key personnel costs and administrative support staff providing contract level, subcontract level, or task order level support (e.g., invoicing, reporting, oversight, etc.)) and will be recovered through fixed unit prices contained within Attachment (1.0).

(b) The Contractor is solely responsible for supervising all of its employees and the duties described below:

(1) Recruiting, hiring, training, and professional development of personnel.

(2) Providing effective supervision of all contractor employees.

(3) Monitoring service problems and keeping the COR and designated Government officials informed of project status and problem resolution.

(4) Providing monthly and ad hoc or other periodic reports (when requested by the

Government) status and financial reports to the Government in an agreed upon format.

(5) Ensuring that deliverables are supplied to the Government, as defined in Section C.3.3.

(6) Ensuring that all personnel comply with the security requirements outlined in this contract.

C.3.2 Staffing

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

(a) The Contractor shall provide trained, experienced staff to perform the work specified under individual orders issued against this contract. The Contractor shall continuously monitor, manage, and control the work to ensure it is successfully accomplished. The Contractor shall make its best effort to retain staff members who have gained experience on this contract, and to minimize staff turnover. The

Contractor shall ensure that all personnel who perform under this contract meet the security requirements of Section H.4.

(b) The Government reserves the right to review the qualifications of all staff (to include subcontractor staff) selected to work on any given task order before assignment. During the period of performance associated with any task order under this contract, the Contractor shall submit resumes for any individuals being added to the contract staff (not including subcontractor staff) or replacing a member of the contract staff (not including subcontractor staff). These individuals must be fully qualified for the relevant position. Resumes shall be pre-screened through the Contractor prior to submission for

Government review. Each resume shall include past employment positions and a brief description of the experiences, dates, and names of one or more references, including addresses and telephone numbers where available.

(c) The Government reserves the right to request the Contractor to reassign contractor and/or subcontractor personnel whose services are no longer required by the Government for such reasons as quality of performance, changes in project requirements, etc. An official request for such a reassignment will be provided to the Contractor in writing by the Administrative Contracting Officer (ACO).

C.3.3 Deliverables

(a) All reports required under this contract shall be delivered to the COR as shown below. This list of reports is not exhaustive; additional reports shall be delivered as required by the COR.

(b) Generally, the Contractor’s format for all documentation deliverables should be acceptable subject to review by the Government.

(c) The Contractor shall attend any briefings, other meetings, and/or on-the-job training provided by the Government. Briefings are normally held during normal working hours.

C.3.3.1 Management Plan

The Contractor shall implement, and update during contract performance, the Management Plan delineated in the Contractor’s proposal for the legal access, orientation, and representation services. The

Contractor’s Management Plan shall, at a minimum, address the following:

(1) Lay out the organization and infrastructure the Contractor has in place to manage the day-to-day operations necessary to meet the contract requirements, including the Contractor’s chain of command, points of contact, problem notification procedures and problem response times, problem escalation procedures, and any other processes or procedures the Contractor has in place to facilitate performance;

(2) Establish a schedule for completion of all required tasks;

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

(3) Emphasize a “team” approach between the Contractor and subcontractors carrying out the programs at the local level, with the Contractor serving as leader of such team.

C.3.3.2 Program Operation Plan

(a) Program Operation Plan (POP). The Contractor, in consultation with the COR, shall provide a

POP for each program carried out by a subcontractor at a local program site prior to the start of operation at each program site, or within a time frame agreed upon by the parties if the particular program site is a new addition to the task order. The POP shall include:

Legal Orientation Programs:

(1) Start date (if different from task order start date);

(2) Structure and schedule of group and individual orientations/sessions;

(3) Structure and schedule of self-help workshops;

(4) Structure and schedule of any “post release” services if applicable;

(5) Pro Bono Plan;

(6) Narrative overview of site operations; and

(7) Proposed local management plan, to include staffing and supervision along with labor categories and hours.

Legal Representation Programs:

(1) Start date (if different from task order start date);

(2) Proposed plan to implement a system whereby cases are accepted for legal representation as early in immigration proceedings as feasible, and in a manner not based on potential eligibility for relief from removal, consistent with the terms of this contract;

(3) Proposed capacity and/or plan for determining ongoing capacity of contract attorneys; and

(4) Proposed operation plan.

(b) Implementation. The Contractor shall coordinate with the COR and on-site representatives to implement the programs at each detention site, location, or designated contract site, as they apply to each program. “On-site representatives” may include officials and federal government contractors from the DHS, EOIR, or other individuals deemed necessary by the COR.

The Contractor shall coordinate with these representatives for the scheduling of legal orientation presentations, the use of facilities, the exchange of information on noncitizens served, and other

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR reasons related to the performance of services.

(c) Site Monitoring and Evaluations. Applicable to the legal orientation programs only, the Contractor shall perform an annual evaluation of each program site. Site visits should be in-person but may be conducted remotely in consultation with the Government, as specified in each individual task order, and shall include at a minimum: i) collection and review of data evaluating the level and quality of services provided, and ii) the impact of such services on the goals of the program to determine the performance of each local program site. The Government will participate in these program site visits at its discretion.

(d) Monthly Conference Calls. For each program, the Contractor shall facilitate a monthly conference call with the Contractor’s local program providers and the Government, and at any time that the Contractor or Government deem it necessary.

C.3.3.3 Quarterly Progress Report

The Contractor shall submit a quarterly program management progress report to the COR. The first quarterly progress report shall be delivered electronically to the COR by the 15th calendar day of the fifth month of contract performance with all subsequent progress reports to be provided in three-month increments. The quarterly reports shall discuss at a minimum:

(1) Summary of activities that were performed and/or occurred during the previous quarter to include, but not be limited to, a description of the effort and cost.

(2) Results of site evaluations for any site inspections conducted within the previous quarter;

(3) The progress to date on any new programs compared with the plan and time schedule;

(4) Any information which the Contractor believes would impact the time schedule for major actions.

(5) For the legal orientation programs: The number of group and individual orientations made and self-help workshops conducted over the past quarter and cumulatively; the number of noncitizens served (by attending a group orientation, individual orientation and self-help workshop) over the past quarter and cumulatively; the number of pro bono referrals made over the past quarter and cumulatively; and other data as deemed necessary by the

Government;

(6) For the legal representation programs: the number of noncitizens represented over the past quarter and cumulatively; and other data as deemed necessary by the Government.

(7) For the immigration court helpdesk programs: The number of group and individual sessions provided and self-help workshops conducted over the past quarter and cumulatively; the number of noncitizens served (by attending a group session, individual

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR session, and self-help workshop) over the past quarter and cumulatively; the number of pro bono referrals made over the past quarter and cumulatively; and other data as deemed necessary by the Government.

C.3.3.4 Other Deliverables

Other deliverables will be specified in individual task orders and may include, but are not limited to:

(1) Legal Orientation Programs Training – The Contractor shall provide training for all essential participants in the legal orientation programs, including Contractor presenters and key management staff. The Contractor shall also provide training to Government-contracted personnel (e.g. DHS-contracted staff, HHS-contracted caseworkers and field coordinators) and other Government representatives as determined by the COR. This training may be provided through any or all of the following means:

(A) Legal orientation programs Training Manuals – When training manuals are produced, they shall be updated as needed.

(B) Annual Conference - to include all essential staff.

(C) Local On-Site Training Programs (OSTP) – for new presenters and key management staff.

(D) Conference calls, webinars, or other remote learning methods can be used to supplement other training methods.

(2) Written and/or Recorded Legal Orientation Materials –The Contractor shall develop appropriate written and/or recorded legal orientation materials in accordance with

Government guidance. These materials must be approved by the Government prior to distribution and use.

(3) The Contractor shall make available to the public on the internet all relevant self-help legal materials currently in use by the sites and relevant written training conference materials.

(4) Program Evaluation Reports – The Contractor shall provide Program Evaluation Reports for each program on a quarterly and/or annual basis as determined by each task order’s period of performance. The Program Evaluation Reports shall include a detailed description of services performed and provide recommendations on the use of outcome information for continuous improvement of each program. The evaluation of program outcomes shall include analysis on how the particular program task order as well as each program task order site has met the stated goals (see Attachment (3)) of the program.

(5) Facilitate monthly conference calls between the Government, the Contractor and the

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR subcontractors, as specified in each respective task order, to discuss local program performance.

C.4 Scope of Work

The Contractor shall furnish all personnel, materials, support, and management necessary to provide legal access, orientation, and representation services to noncitizens who are, or may be placed, in immigration proceedings before EOIR’s Immigration Courts and the Board of Immigration Appeals.

C.5 General Work Requirements

C.5.1 Task Orders

Legal access, orientation, and representation services will be initiated through issuance of individual task orders for these services. The Legal Access Programs (LAP) work to improve access to legal information and to increase rates of representation for noncitizens appearing before the immigration courts and the BIA. LAP program services to be performed under this contract include, but are not limited to, the following:

C.5.1.1 Legal Orientation Program for Detained Adults (LOP)

The Contractor shall implement and oversee legal orientation programs for detained adult noncitizens who are, or may be placed, in immigration proceedings before EOIR’s Immigration Courts and the Board of Immigration Appeals at sites designated by the COR. As specified in each task order issued against this contract, the Contractor shall furnish the services at each site cited in Attachment (2).

The services to be performed include, but are not limited to, the following: group orientations; individual orientations; self-help workshops; Friend of the Court services; development of Pro Bono Plans; and other services as deemed necessary by the COR. The services shall be performed by on-site presenters, who must either be a licensed attorney or DOJ Accredited Representative with full accreditation, or a legal assistant/paralegal, law student, law school graduate, or other trained volunteer working under the direct supervision of such licensed attorneys or DOJ Accredited Representatives with full accreditation.

Limited temporary exceptions may be approved in the discretion of the COR. Specific requirements to satisfy program needs will be defined in individual task orders.

C.5.1.2 Legal Orientation Program for Custodians of Unaccompanied Children (LOPC)

The Contractor shall implement and oversee legal orientation programs for custodians of unaccompanied - children (LOPC). Under the LOPC, the Contractor shall provide legal orientation presentations for custodians of an Unaccompanied Child (“UAC’) (as defined by Section 462 of the

Homeland Security Act of 2002). A “custodian” is an individual seeking custody of a UC in the care of the Department of Health and Human Services (HHS), or an individual who already has custody of a child who was formerly a UC in HHS care. The LOPC will address the custodians’ responsibilities to ensure, as best as possible, the UC’s appearance at all Immigration Court hearings, and to protect the UC from mistreatment, exploitation and trafficking. As specified in each task order issued against this contract, the Contractor shall furnish the services at each site cited in Attachment (2). The services to be performed include, but are not limited to, the following: group and/or individual orientations; self-help

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR workshops; Friend of the Court services; development of Pro Bono Referral Plans; and other services as deemed necessary by the COR. The services shall be performed by on-site presenters, who must either be a licensed attorney or DOJ Accredited Representative, or a legal assistant/paralegal, law student, law school graduate, or other trained volunteer working under the direct supervision of such licensed attorneys or Accredited Representatives. Specific requirements to satisfy program needs will be defined in individual task orders.

C.5.1.3 Immigration Court Helpdesk Program (ICH)

The Contractor shall implement and oversee immigration court helpdesks (ICH) at immigration court locations determined by the COR to orient non-detained noncitizens who appear or may appear before certain immigration courts on the removal hearing process and to inform non-detained noncitizens about possible remedies and legal resources. As specified in each task order issued against this contract, the Contractor shall furnish the services at each site cited in Attachment (2). The services to be performed include, but are not limited to, the following: group sessions; individual sessions; self-help workshops; Friend of the Court services; development of Pro Bono Referral Plans; and other services as deemed necessary by the COR. The services shall be performed by on-site presenters, who must either be a licensed attorney or DOJ Accredited Representative, or a legal assistant/paralegal, law student, law school graduate, or other trained volunteer working under the direct supervision of such licensed attorneys or Accredited Representatives. Specific requirements to satisfy program needs will be defined in individual task orders.

C.5.1.4 Family Group Legal Orientation Program (FGLOP)

The Contractor shall implement and oversee legal orientation sessions to family groups who have or may have cases scheduled on EOIR’s “Dedicated Dockets” in designated sites. As specified in each task order issued against this contract, the Contractor shall furnish the services at each site cited in

Attachment (2). The services to be performed include, but are not limited to, the following: single-family and multi-family group orientations; self-help workshops; Friend of the Court services; assistance in referring cases to pro bono representatives; and other services as deemed necessary by the COR. Specific requirements to satisfy program needs will be defined in individual task orders.

C.5.1.5 National Qualified Representative Program (NQRP)

The Contractor shall implement and oversee legal representation and other related services to certain unrepresented adults, such as those in custody of the Department of Homeland Security (“DHS”) who are in immigration proceedings and who are determined by the Government to be incompetent to represent themselves in their immigration proceedings. The services to be performed include, but are not limited to, the following:

(a) The Contractor shall provide legal representation via provision of a Qualified Representative, defined as a licensed attorney, a law student or law graduate directly supervised by a licensed attorney, or a DOJ Accredited Representative with full accreditation, as set forth in 8 C.F.R.

§1292.1;

(b) The Contractor shall provide other related services reasonably necessary to complete the

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR immigration proceedings listed in the Statement of Work and/or a “release plan” when the adult is released from DHS custody; and

(c) The Contractor shall provide other services as deemed necessary by the COR. Specific requirements to satisfy program needs will be defined in individual task orders.

C.5.1.6 Counsel for Children Initiative (CCI)

The Contractor shall implement and oversee legal representation and other related services to certain children in removal and other specified immigration proceedings before specific EOIR Immigration

Courts throughout the United States (as identified by the COR). As specified in each task order issued against this contract, the Contractor shall furnish the services at each site cited in Attachment (2). The services to be performed include, but are not limited to, the following: legal representation to certain children in removal before specific EOIR Immigration Courts throughout the United States (as identified by the Government) and in other specified immigration proceedings; and other services as deemed necessary by the COR. Specific requirements to satisfy program needs will be defined in individual task order(s).

C.6 Quality Control

The Contractor shall perform quality control pursuant to the Quality Assurance Plan originally submitted in its pre-award proposal. The Contractor’s Quality Assurance Plan shall provide a detailed description of the quality assurance measures employed to meet all of the requirements of this contract. The Contractor shall maintain and update its Quality Assurance Plan as necessary;

however, any changes to the plan must be approved by the COR before being implemented.

C.7 Phase-In

The continuing provision of legal access, orientation, and representation services specified herein is essential to continuity of the programs. Therefore, it is critical that the transition from the current operation to a new contract be accomplished in a well-planned, orderly and efficient manner.

The Contractor shall be responsible for the phase-in of Contractor personnel and the assumption of ongoing tasks utilizing the Transition Plan provided by the Contractor in its proposal. Phase-in activities shall include, but not be limited to, placement of any necessary subcontracts, mobilization of staff and other resources, obtaining necessary clearances, execution of the Confidentiality Agreement included as Attachment (4), and any other activities required to put the Contractor in a position to perform this scope of work.

C.8 Phase-Out

At the conclusion of the contract, the functions performed under the contract and any task order issued against it may convert to an in-house Government operation or may be awarded through another contractual instrument. In either case, the Contractor may be required to assist in the phase-out of this contract. The price and terms of the assistance required will be negotiated separately.

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

SECTION D – PACKAGING AND MARKING

D.1 Payment of Postage and Fees

All postage and fees related to submitting information to the Contracting Officer or the

Contracting Officer’s Representative (COR) shall be paid by the Contractor.

D.2 Preservation, Packaging, and Marking

(a) All information submitted to the Contracting Officer or the COR shall include the contract number.

(b) Unless otherwise specified, all material shall be preserved, packaged, and packed in accordance with normal commercial practices to insure acceptance by common carrier and safe arrival at destination.

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

(a) Inspection and acceptance of supplies and services to be furnished under individual task orders will be performed at the place of performance or destination, by the COR or her/his designated representative, in accordance with FAR 52.246-2, 52.246-4, or 52.246-6, as applicable. Inspection will consist of an examination of the deliverable(s) and/or services for (1) compliance with the statement of work and/or other task order specific requirements, (2) thoroughness with respect to scope or content, and (3) quality with respect to the standards set forth in Section C or the individual task order.

(b) The Government shall have 30 calendar days from receipt of each invoice to inspect and accept items delivered/work performed under the task order. Rejected work and/or comments on all deliverables will be provided to the Contractor by the COR.

(c) The Contractor shall be responsible for replacement or corrections to the work or deliverables as necessary to meet the standards of acceptance identified in the contract and the task order. The cost to replace or correct nonconforming work or deliverables shall be borne as specified in the appropriate Section E.2 clause or as specified in the task order.

E.2 Clauses Incorporated by Reference

Clause

Number

Title

52.246-2 Inspection of Supplies – Fixed Price (AUG 1996)

52.246-4 Inspection of Services – Fixed Price (AUG 1996)

52.246-6 Inspection – Time and Material and Labor Hours (MAY 2001)

52.246-16 Responsibility for Supplies (APR 1984)

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Term of the Contract

The period of performance of the contract shall commence on August 1, 2022 and end on July 31, 2023. Four (4) additional option periods of twelve (12) months may be exercised at the discretion of the

Government.

F.1.1 Option to Extend Term of Contract (FAR 52.217-9) (MAR 2000)

(a) This contract may be extended, at the unilateral option of the Government, upon the same terms and conditions stated herein for a period of one (1) year or fractions thereof. To exercise the option to extend the term of the contract, the Contracting Officer will issue a written modification prior to the expiration of the applicable term period. The Government will endeavor to provide a preliminary written notice of its intent to exercise the option; however, the lack of such written notice will not in any way lessen the Government’s unilateral right to extend the contract pursuant to this clause. If such a preliminary notice is provided, it shall not be construed as an exercise of the option nor will it bind the

Government to exercise the option.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

F.1.2 Option to Extend Services (FAR 52.217-8) (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting

Officer may exercise the option by written notice to the Contractor within the term of the contract.

F.2 Place of Performance

A large percentage of the work under this contract will be performed at immigration courts throughout the United States. Immigration courts are located in federal buildings, private buildings, correctional institutions, and DHS-operated and/or contracted detention centers and other facilities.

However, the exact location(s) will be specified in the individual task orders.

F.3 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements or anticipates difficulty in complying with the work order schedule or completion date, or whenever the

Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

COR, in writing, giving pertinent details; provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 Observance of Legal Holidays/Federal Non-Work Days

(a) The Contractor must establish a standard holiday schedule that exactly coincides with the

Government's schedule for employees working on Government site. Holidays observed are listed below.

Holidays and other non-work days are not billable unless work is requested by the Government and performed on these days. The following is a list of Government holidays:

1. New Year's Day;

2. Martin Luther King Jr. Day;

3. Presidents’ Day;

4. Memorial Day;

5. Juneteenth National Independence Day;

6. Independence Day;

7. Labor Day;

8. Columbus Day;

9. Veterans Day;

10. Thanksgiving Day;

11. Christmas Day; and

12. Inauguration Day (every fourth year) in Washington DC metro area

(b) No work shall be performed by Contractor personnel on Government facilities on Federal holidays or other non-work days without prior written approval of the Contracting Officer. Work performed on holidays, weekends or other non-work days shall be billable at the “normal” unit prices.

(c) There are certain types of irregularly occurring circumstances that prompt the

Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e., bomb threats, inclement weather, environmental conditions, death of a national figure or funding lapses). In general, the Contractor will follow the same guidelines as Federal employees in the Washington, D.C. area regarding closure of the Government. See OPM’s website, http://www/opm.gov, and Operating Status, which will show the daily status if Federal Government

Washington, D.C. offices are open/closed, or if opening on a late arrival basis. When a Government closure is announced prior to the start of any workday, the Government is not obligated to pay the

Contractor for that particular day. When a Government closure is announced after the start of the workday, the Contractor will be paid for a full eight hours for all labor category positions filled at the start of the day, after the COR’s coordination with the ACO. If a "late arrival" notice is announced, the Contractor will be paid minus the time designated in the late arrival notification. For instance, if http://www/opm.gov

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR the late arrival notification states a two hour delay, then two hours would be deducted from a full eight hours.

(d) During a Government closure, some Contractor employees may be designated as essential and will be required to work. The determination as to which employees (or positions) are considered essential will made by the COR in consultation with the IDIQ Program Manager.

F.5 Clauses Incorporated by Reference

Clause

Number

Title

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.247-34 F.O.B. Destination (NOV 1991)

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Responsibilities for Contract Administration

G.1.1 Contracting Officer (CO)

(a) The Contracting Officer has the overall responsibility for the administration of this contract.

The Contracting Officer alone, without delegation, is authorized to take actions on behalf of the

Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the Contracting Officer may delegate certain other responsibilities to their authorized representative.

(b) This contract will be administered by:

[To be designated at time of award]

(c) Written communications shall refer to the contract number and shall be mailed to the above address.

G.1.2 Contracting Officer’s Representative (COR)

(a) Upon award, a Contracting Officer's Representative (COR) will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, the COR shall not be authorized to change any terms and conditions of the contract, including price.

(b) The performance of work required herein shall be subject to the technical direction of the cognizant COR or their designee with respect to technical matters pertaining hereto. As used herein, "Technical Direction" is direction to the Contractor that fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work. "Technical Direction" must be confined to the general scope of work set forth herein and shall not constitute a new assignment, nor supersede or modify any other

Clause of this contract. To be valid, technical direction:

(1) must be issued in writing consistent with the general scope of work set forth in the contract;

(2) shall not change the expressed terms, conditions, or specifications incorporated into this contract; and

(3) shall not constitute a basis for extension to the contract delivery schedule or contract price.

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(c) The COR is authorized to:

(1) Act as liaison and to coordinate contractor/government activities;

(2) Arrange for and coordinate the use of government resources (personnel, space, documents, etc.);

(3) Provide technical guidance in the performance of the contract; and

(4) Receive, review and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature.

(e) The COR has the responsibility to inspect all deliverables and authorization to certify (but not reject or deny) invoices for payment in accordance with Section G.5. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer.

(f) The COR does not have the authority to alter the Contractor's obligations under the contract;

direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting

Officer shall issue such changes in writing and signed.

(g) The COR assigned cognizance of this contract is:

(h) A copy of certain written communications shall be concurrently mailed or otherwise furnished to the Contracting Officer at the address set forth in Clause G.1.1.

G.1.3 Security Programs Manager

(a) Upon contract award, a Security Programs Manager (SPM) will be designated to coordinate those aspects of this contract which pertain to obtaining and maintaining security clearances at the appropriate levels for contractor personnel performing hereunder.

(b) During the pre-award phase of this contract, the SPM is responsible for performing the following duties:

(1) Provide the Contracting Officer with the appropriate contractor personnel security screening requirements (including waiver requirements, if appropriate) and

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR background investigation (BI) requirements for obtaining services of non-Federal employees under the resultant contract and orders.

(2) Determine the risk level for each contractor position. The risk level must be based on an overall assessment of the damage that an untrustworthy contractor could cause to the efficiency or the integrity of Departmental operations. The SPM shall provide this information to the Contracting Officer for inclusion in the resultant contract.

(3) Certify that the personnel security requirements of the contract are adequate to ensure the security of Departmental operations, information and personnel. The SPM shall provide this written certification to the Contracting Officer prior to release of the

Request for Proposals.

(c) The SPM for this contract is:

(d) The personnel security requirements of this contract are set forth in Section H.4 of the contract.

(e) Following award of this contract, the SPM shall ensure that the personnel security requirements set forth herein are followed. In addition, the SPM shall comply with the supplemental guidelines provided by the Contracting Officer.

G.2 Contractor Representative

(a) The Contractor's Representative to be contacted for all contract administration matters

Name: **

Address: **

Telephone: **

E-mail: **

**To be completed by the Contractor

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

(b) The Contractor's Representative shall be responsible for all contract administration issues and shall act as the central point of contact with the Government for all such issues. The representative shall have full authority to act for the contractor in all contractual matters.

G.3 Payment

G.3.1 General Invoice Requirements

(a) The Contractor shall render invoices not more frequently than monthly, in an original only

(i.e., one copy only) to the COR at the address listed in Section G.1.2. To constitute a proper invoice, the following information and/or attached documentation shall be included with the invoice (as applicable):

(1) Name and address of the Contractor

(2) Invoice date

(3) Contract number

(4) Task order number

(5) CLIN number and description, quantity, unit price and extended total for the period covered (see also paragraph (b) below)

(6) Shipping and payment terms

(7) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment)

(8) Taxpayer Identification Number

(9) DUNS Number

(b) In addition to the invoice requirements listed in paragraph (a) above, each invoice shall include (as applicable):

(1) For task orders with labor hour costs, actual direct labor hours expended by each individual (fractional parts of an hour shall be rounded to the nearest one-half (1/2) hour or lesser fraction in computing the amount payable) multiplied by the appropriate unit price (hourly rate) from the applicable CLIN.

(2) Itemization of all actual ODCs being claimed in accordance with Part 31 of the FAR with supporting documentation as requested by the COR. The appropriate multiplier

(administrative handling charge) from the pricing table shall be included.

(3) Total cost for each CLIN category shall be shown as a whole dollar/cent value.

Computations that equal a fractional value of a cent shall be rounded up or down accordingly to the nearest whole cent (.005 or less round down).

(c) The COR will certify the hours worked, ODC items (if any), and satisfactory completion of all work and services billed. Negative inspection results will be reported immediately to the Contractor and Contracting Officer.

15JPSS22R00000028 Legal Access, Orientation, and Representation Services for EOIR

(d) Each program Statement of Work may include additional invoice requirements.

(e) Payment will be made on a monthly basis in accordance with the clause entitled “Payments under Time-and-Materials and Labor-Hour Contracts” (see Section I.2, Clause 52.232-7). Please note that the Contractor must submit all invoices to the address in Section G.1.2.

G.3.2 Interest on Overdue Payments

(a) The FAR clause entitled "Prompt Payment" (see Section I.2, Clause 52.232-25) is applicable to payment under this contract and requires interest on overdue payment and improperly taken discounts.

Determinations of interest due will be made in accordance with the provisions of the prompt payment clause as modified by paragraph (b) below.

(b) Subdivision (a)(5)(i) of the Prompt Payment clause is modified to specify the following period for constructive acceptance by the Government: The Government agrees to inspect and determine the acceptability of services rendered in accordance with Section E.1 of this contract. For the purpose of determining the due date for payment and for no other purpose, acceptance will be deemed to occur on the last day of the above stated inspection period. However, the Contractor is not entitled to payment of contract amounts or interest unless and until actual acceptance occurs.