Attachment 3 - Questions and Answers - Government Responses 15JPSS26Q00000059 - Amendment 0005.xlsx

Question List

a. Firm-fixed-price elements included in the Total Evaluated Price; or

b. Reimbursable costs to be invoiced at actual allowable expenses during contract performance?

Additionally, if these CLINs are intended to be fixed-price, should offerors include all direct costs, subcontractor costs, overhead, G&A, and profit within the proposed pricing? The Government clarifies that authorized travel costs shall not be included in the FFP CLINs. Travel cost shall be separately identified in the travel CLIN and will be reimbursed in accordance with the terms and conditions of the resulting contract for authorized travel expenses incurred.

See the revised Attachment 2 - Pricing Schedule 8 Attachment 2 Pricing Schedule Total Evaluated Price tab On the Total Evaluated Price tab, the Travel CLINs (0004, 1004, 2004, 3004, 4004) have a hard-coded Total Price of 0 rather than a unit-price-times-quantity formula like the other CLINs. As written, any travel price entered will not roll into the Grand Total Evaluated Price. Should these cells contain a formula (=QTY*Unit Price), and how does the Government want Travel priced given the conflict noted above? The Government confirms that travel cost should be included in the Total Evaluated Price calculation. The travel CLIN and Grand Total Evaluated Price will be revised to include the appropriate formula so that proposed travel amounts are incorporated into the overall evaluated price.

The Government also clarifies that the conflict between the solicitation language and attachment 2 pricing schedule regarding travel will be resolved through an updated attachment 2 pricing schedule. Offerors shall use the revised attachment 2 pricing sheet when submitting their proposals.

business goals listed in H.9 are targets for awareness, not mandatory minimums for award.

• Number of respondents served;

• Number of legal matters by service category;

• Number of appeals;

• Interpretation service utilization; and

• Incumbent contractor name;

• Current contract value;

• Number of attorneys currently supporting the program; and

Solicitation A.1, "Brief Description of Services" PWS: 1

Solicitation: 1 PWS Section 1 (footnote 1) states that the required services "may be provided by one contractor or multiple contractors." In contrast, Solicitation Section A.1 describes the requirement as a "standalone" contract and otherwise appears to contemplate a single award.

Solicitation at L, "Evaluation Factor 1 - Technical Approach (Volume 1)" PWS: 10

Solicitation: 68 to 69 PWS Section 13.0 requires submission of a Transition-In Plan as part of the proposal, but does not specify any requirement to submit a Transition-Out Plan. In contrast, Solicitation Section L, Evaluation Factor 1 - Technical Approach (Volume 1) appears to require submission of a Transition-Out Plan as part of the Technical Volume, though it only describes evaluation of the Transition-In approach.

Attachment 2 - Pricing Schedule PWS: 3 to 7

Pricing Schedule: "Instructions" tab PWS Section 8.2 and Attachment 2 describe Direct Legal Representation Services as encompassing all activities required to complete a specific legal service category.

Does this section apply to communications or advocacy undertaken by Qualified Representatives in the course of providing direct legal representation to NQRP Respondents? Section H.5 applies to the release of information obtained in connection with contract performance. It does not prohibit qualified representatives from performing authorized legal representation activities on behalf of NQRP respondents as required under the contract.

However, any release of contract related information to external parties beyond what is necessary to provide authorized legal representation, or any public disclosure of information obtained through contract performance, remains subject to the requirements of Section H.5 and applicable contract terms. Offerors shall ensure that all activities are conducted in accordance with the solicitation requirements and any applicable confidentiality and information protection provisions.

32 Attachment 1 - PWS 8.2

Attachment 5 Performance Requirement Standards at "Compliance with legal and ethical standards" PWS: 7

PRS: 3 PWS Section 8.2 requires services to be performed in accordance with rules of professional conduct and ethical responsibilities, and Attachment 5 includes a performance standard for compliance with legal and ethical standards.

Attachment 1 - PWS at 16.2 PRS: 1-2

PWS: 12 Attachment 5 lists "periodic file reviews" as a method of surveillance for multiple indicators, while PWS Section 16.2 states that nothing requires the Contractor to breach ethical obligations or disclose privileged, protected, or confidential information.

Attachment 2 - Pricing Schedule PWS: 7

Pricing Schedule: "Instructions" tab PWS Section 10.0 requires prior written COR approval for third-party services, and Attachment 2 includes third-party services as a fixed-price component of the contract.

Can the Government clarify whether funds remain available where: 1) a Nationwide Policy Respondent is released, 2) proceedings remain pending more than 90 days after release, and 3) a motion to withdraw is denied or has not yet been adjudicated?

Yes, subject to the shorter, 35-day timeframe (see edits to PWS section 15.1.2).

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Comment:

See my comments in the SOW - this should be shortened from 90 - possibly to 35 as this is the timeframe for the attorney to transition on once notified of the incompetency finding. The statement “’Yes,’ to 1), 2), and 3)” is confusing. It just should be yes, subject to the shorter time limitation. I also don’t think the additional statements beyond yes are necessary.

Reply:

The language in this response has been updated accordingly.

42 Attachment 1 - PWS at 8.2 & 8.2.3 3, 4-7 PWS Section 8.2 requires the Contractor to perform Direct Legal Representation Services in accordance with applicable professional responsibility standards, and PWS Section 8.2.3 defines completion of specific legal service categories by reference to both required activities and evidence of service completion.

Attachment 2 - Pricing Schedule PWS: 4

Pricing Schedule: "Instructions" tab PWS Section 8.2.3 requires "evidence of service completion" for each legal service category by reference to specific adjudicative outcomes or filings, and Attachment 2 defines direct legal representation services by reference to completion of the legal service category and the evidence of service completion.

Attachment 1 - PWS at 8.2.3 Solicitation: 24

PWS: 4 Solicitation Section I.C.3.B.4 states that invoicing, billing, and other financial or administrative records or databases are not authorized to regularly store or include sensitive PII or other confidential government information without written permission from the Senior Component Official for Privacy (SCOP). PWS Section 8.2.3 requires invoice support that includes immigration court or BIA decisions, which may contain the Respondent's name and A-number.

Can the Government confirm that PII will not be required for invoice support? If the Government is requiring PII, this can only be provided with client consent; in such cases, can the Government clarify whether it will provide the necessary written authorization for the Contractor to store and submit this information for invoicing purposes? Personally identifiable information (PII) will not be required directly within invoices submitted by the contractor. PII may be required in separate documentation required to support charges in the invoices. Any supporting documentation containing PII will be required and handled in a manner consistent with applicable privacy rules and regulations including the transmission of the PII and receipt and handling by appropriate government personnel.

PWS Section 8.2.3 requires some evidence or proof of legal services completed for each NQRP respondent. As proof of services completed, the contractor must submit copies of immigration court and Board decisions, which are EOIR records that contain PII collected by EOIR in the course of immigration proceedings. Client consent is not needed for the contractor to submit copies of EOIR’s own records to EOIR. The Government is requiring the contractor to submit copies of EOIR’s own records alongside the corresponding invoice for accurate and efficient invoice review and auditing of those services that the contractor claims to have performed within each invoice. In accordance with Section B(4) of Clause DOJ-02, Contractor Privacy Requirements (JAN 2022), the Government will provide the necessary written authorization for the contractor to attach with invoices any proof of services rendered that includes PII.

wavier can be addressed post award with DOJ DSO authority.

52 Solicitation at C.3 DOJ-03 Personnel Security Requirements for Contractor Employees, "2. Citizenship and Residency Requirements" 31 The solicitation states that “Access to Unclassified DOJ Information and Unescorted Access to DOJ Facilities or Space. (1) Except as provided under 1.2(b)(2), non-U.S. citizens are not authorized to access DOJ information and/or unescorted access to DOJ facilities or space, unless a waiver has been granted by the DSO, allowing access by the non-U.S. citizen. Such a waiver will be granted on a case-by-case basis where justified at the discretion of the DSO.”

Can the Government provide the information and/or factors taken into consideration when evaluating such waivers?

1. Verification of citizenship (copy of a birth certificate, naturalization certificate, or U.S. passport).”

Can the Government confirm that waivers may be available to non-U.S. Citizens (such as lawful permanent residents seeking citizenship)?

Attachment 1 - PWS at 10.0 Solicitation: 29

PWS: 7 Solicitation Section C.3 sets forth citizenship and/or residency requirements applicable to personnel performing under the contract, and provides an exception for certain non-U.S. Citizen contractor employees such as expert witnesses, litigative consultants, and interpreters.

Attachment 1 - PWS at 10.0 Solicitation: 29

PWS: 7 PWS Section 10.0 contemplates the use of third-party experts on a case-specific basis.

Can the Government clarify where the cost of producing the required deliverables are to be accounted for in the pricing schedule? The Government clarifies that the costs associated with developing and providing the required deliverables identified in PWS Section 16 shall be accounted for under Legal Services. See the revised Attachment 2 , Pricing Schedule.

57 Solicitation at L, "FAR 52.216-1 Type of Contract (Dec 2025)"

Attachment 2 - Pricing Schedule Solicitation: 63

Pricing Schedule: "Total Evaluated Price" tab Per Solicitation Section L, the Government states "FAR 52.216-1 Type of Contract (Dec 2025): The Government contemplates award of a standalone Firm Fixed Price contract".

Per the "Total Evaluated Price" tab in Attachment 2 - Pricing Schedule - 15JPSS26Q00000059, the "Unit of Issue" is given as Month, with a quantity provided of 12, for each of CLINs XXX1 to XXX4.

Attachment 2 - Pricing Schedule PWS: 3

Pricing Schedule: "Total Evaluated Price" tab Under PWS 8.2 Requirements for Direct Legal Representation Services, the Government states, "The Contractor shall perform direct legal representation services (corresponding to the Franco Legal Services Pricing Worksheet and the Nationwide Policy Legal Services Pricing Worksheet) in accordance with rules of professional conduct and ethical responsibilities for NQRP Respondents on an as-required basis at a fixed unit price."

Per the "Total Evaluated Price" tab in Attachment 2 - Pricing Schedule - 15JPSS26Q00000059, the "Unit of Issue" is given as Month, with a quantity provided of 12, for each CLINs XXX1 to XXX4.

Can the Government confirm that the Contractor can expect to invoice and be paid per CLIN on a Firm Fixed Price basis? Yes. The Government confirms that the contractor is expected to be invoiced and paid on a Firm Fixed price basis for the required legal representation services, with the exception of authorized travel costs. The pricing structure and invoicing approach will be clarified in the updated attachment 2, pricing schedule. Offerors shall use the revised Attachment 2 when preparing and submitting their proposals.

59 Attachment 2 - Pricing Schedule "Instructions" tab Attachment 2 states that the service quantities are estimates provided for evaluation purposes only.

Attachment 2 - Pricing Schedule Solicitation: 2

Pricing Schedule: "Instructions" tab Solicitation Section B.3 states that the Government will reimburse authorized travel, while Attachment 2 states that travel must be included in the firm fixed price proposal and that no separate reimbursement will be authorized unless specifically approved by the Contracting Officer.

Can the Government confirm that a Table of Contents is sufficient (and excluded from the page limits) so long as the Table of Contents reflects references to consistent section heading conventions? If not, can the Government clarify what is required for the cross-reference index? The Government confirms that the table of contents, list of tables or figures (if applicable), and list of appendices are excluded from the proposal page limitations as stated in the solicitation. A table of contents alone, however, does not satisfy the requirement for a cross reference index.

Offerors shall provide a clear and consistent cross reference system within their proposals to allow the Government to easily locate information responsive to the solicitation requirements. The cross reference index, whish is also excluded from the proposal page limitations, should identify where required information is addressed within the proposal by referencing the applicable volume, section, subsection, paragraph, page number, or other appropriate identifier Offerors may use their own format for the cross reference index, provided it enables the Government to efficiently locate proposal content and demonstrates alignment between solicitation requirements and the offeror's response.

63 Solicitation at L, "Submission of Offers" 66 The RFP states that "each volume shall contain a table of contents, list of tables or figures (if required) and list of appendixes.”

The Offeror shall provide a detailed narrative discussing the proposed process and procedures to plan and perform the work required to achieve all the tasks specified in the SOW.

The Offeror shall include a table of contents, cross referencing each SOW task to the applicable page number(s) within the proposal which addresses how the performance objectives shall be achieved."

Can the Government clarify where the table of contents should appear in Volume 1: at the beginning of the document, or after the technical narrative? The Government clarifies that the table of contents required for Volume 1 shall appear at the beginning of the volume, consistent with the proposal formatting instructions. The table of content should provide the organization of the technical approach volume and include the required cross reference information identifying each PWS task and the corresponding proposal page number(s) where the task is addressed.

The table of contents and required cross reference information are intended to assist the Government in efficiently locating proposal content and shall not replace the offeror's responsibility to provide a complete narrative response addressing all applicable PWS requirements.

Attachment 2 - Pricing Schedule 11-12 The PWS requires under the following in Deliverables:

16.1 Program Operation Plans, which include:

-16.1.3 Plan for data management and reporting, personnel management and staffing (including staff supervision), and training for Contractor staff;

-16.1.4 For Franco NQRP Respondents, a proposed plan [which] must describe strategies for maintaining contact with such released Respondents;

-16.1.5 Plan to connect released NQRP Respondents to community-based services;

- 16.1.6 For Nationwide Policy NQRP Respondents, a plan to utilize pro bono resources;

16.2 Program Development, Implementation, Monitoring, Evaluation, and Reporting Requirements;

16.3 Monthly Reports; and

16.4…