3. Description of Supplies and/or Services: ORR’s UACB requires the continuation of comprehensive, nationwide legal services for UAC in and released from ORR care. ORR and OMAS anticipate awarding up to three bridge contracts as follows:

a. Case Transfer Contract: To Acacia (the predecessor contractor under HHS Contract No. 75P00125C00016). ORR and OMAS will make a good faith effort to negotiate a short-term, four-month bridge contract for transition and the continuance of direct legal representation services through each case’s transfer with an estimated four-month period of performance from date of award for transition and the continuance of direct legal representation services through each case’s transfer.

b. Continuity of Legal Services: ORR and OMAS propose to make up to two awards and apportion the requirement to ICF and/or Our Rescue for the provision of legal services to UAC until the competitive follow-on contract is awarded. The total anticipated period of performance for each award to ICF and/or Our Rescue is up to 18 months, comprised of a six-month base period and two three-month option periods and the option to extend services for up to six additional months pursuant to FAR 52.217-8, Option to Extend Services. Options would only be exercised as needed for transition to the contract awarded as a result of the ongoing competitive procurement. The period of performance for each awards is estimated to begin after August 1, 2026. The estimated period performance (including all options) is the minimum time necessary to award a competitive contract.

These bridge actions are intended to minimize and mitigate the potential disruption of legally mandated services while ORR completes the ongoing competitive acquisition and transitions performance to a follow-on contractor to perform the services.

One contract (Case Transfer Contract) is anticipated to be awarded to the predecessor contractor, Acacia, for the purposes of transitioning active cases and the continuance of direct legal representation services through each case’s transfer. The contractor shall transfer from its legal services providers (LSPs) the eligible cases, as defined in the bridge Performance Work Statement (PWS), as an authorized direct representation service, from Acacia’s estimated 23,000 current active cases at the earliest possible date after award but no later than four months after award. The contractor shall provide ORR the non-attorney-client privileged information defined in the Case Transfer Contract PWS to facilitate ORR’s apportionment decision to which new contractor the cases will transfer, if there are multiple awards. Attorney-client privileged information will transfer only from transitioning-out to transitioning-in LSPs/attorneys in accordance with applicable legal ethics requirements. The contractor shall report status of case transfers to ORR weekly through the completion of transfer.

For the requirement to provide continuity of legal services, Tasks I-VIII, ORR and OMAS may potentially make multiple contract awards (up to two) with work apportioned by ORR as necessary and appropriate to maintain continuity of services. Under each anticipated contract for legal services Tasks I-VIII, the contractor(s) will be required to provide scalable continuity of legal services to UAC in ORR custody until the competitive contract is awarded and services can be performed. Then, transition-out services are required. Services are organized around eight tasks:

I. Transition-In. The Contractor shall utilize a structured process to assume full operational responsibility from Acacia without disruption to services for up to approximately 23,000 active cases of UAC currently or formerly in ORR care. Each UAC may have more than one active case.

II. Legal Orientations. The Contractor shall conduct a legal orientation to inform UAC of their rights and responsibilities within the immigration system.

III. Legal Consultations. The Contractor shall conduct one-on-one legal consultations to assess each UAC’s eligibility for immigration relief.

IV. Direct Legal Representation. The Contractor shall provide direct legal representation, to the extent required by law, and subject to ORR’s discretion and available appropriations.

V. Legal Service Provider (LSP) Network Management. The Contractor shall manage and oversee a nationwide network of qualified LSPs delivering services to UAC, both funded and pro bono. Network management includes quality control, performance monitoring, and coordination across the network. The Contractor shall ensure timely and consistent legal orientations, legal consultations, direct legal representation, and data collection, analysis, and reporting related to the Contractor’s LSP network management.

VI. Data Collection, Analysis, and Reporting. The Contractor shall manage a nationwide network of qualified funded and pro bono LSPs providing legal services to UAC.

Responsibilities include coordinating network operations, monitoring performance, ensuring quality control, collecting, analyzing, and reporting data, and ensuring the timely and consistent delivery of legal orientations, legal consultations, and direct legal representation.

VII. Pro Bono Maximization. The Contractor shall maximize the use of pro bono in the delivery of Legal Orientations, Legal Consultations, and Direct Legal Representation Services.

VIII. Transition-Out. At the conclusion of this contract, the Contractor shall transfer all operational responsibilities, data, and knowledge to the incoming contractor and/or the Government, ensuring continuity and no degradation of services.

The contractor(s) shall continue representation and legal services for children with active and ongoing immigration matters initiated under the current contract to prevent disruption in legal proceedings and ensure continuity of services.

4. Statutory Authority Cited and Rationale:

Authority: FAR 6.103-2 Unusual and Compelling Urgency.

Statutory basis: 41 U.S.C. 3304(a)(2).

ORR is statutorily required under the Trafficking Victims Protection Reauthorization Act (TVPRA), 8 U.S.C. § 1232(c)(5), to ensure, to the greatest extent practicable, that UAC have access to legal representation in immigration proceedings and are protected from trafficking, exploitation, and abuse. Implementing regulations at 45 C.F.R. § 410.1309 (the ORR Foundational Rule) further require ORR to provide legal orientation, screening, and representation services to eligible UAC. These obligations are not discretionary — they represent a Congressional mandate that ORR must fulfill. As set forth in detail below, the agency has an urgent and compelling need for additional bridge contract actions on the basis of other than full and open competition to minimize the risk of a gap in services to ensure the availability of legal services consistent with ORR’s legal obligations.

Relevant Background

2009 – 2022: Contract-Based Legal Service Delivery

ORR has fulfilled its statutory legal services obligation through a series of contracts since 2009. These contracts established a nationwide network supporting tens of thousands of active UAC cases at any given time, and this network has enabled ORR to meet its TVPRA legal obligations.

March 29, 2022: Competitive Award of DOI Contract 140D0422C0009

The Department of Interior, Interior Business Center (DOI-IBC) competitively awarded contract 140D0422C0009 to the Vera Institute of Justice as an assisted acquisition on behalf of ORR, with a five-year period of performance inclusive of all option periods. This contract provided UAC legal services as required by the TVPRA and 45 C.F.R. § 410.1309.

November 30, 2023: Novation to Acacia Center for Justice

In November 2023, the Government processed a novation agreement under which Acacia Center for Justice assumed all rights and obligations of the Vera Institute of Justice as prime contractor under contract 140D0422C0009. During performance, Acacia Center for Justice established a nationwide infrastructure and subcontractor network that supported approximately 23,000 active UAC cases.

March 21, 2025: Partial Termination of DOI Contract 140D0422C0009

In March 2025, the Acting Assistant Secretary for ACF approved a strategy to transition UAC legal service delivery away from a standalone contract and toward a model in which grantee care providers would assume responsibility for legal orientations through cooperative agreement addendums, supplemented by a recorded "Know Your Rights" video. In furtherance of this strategy, DOI-IBC partially terminated for convenience the contract line items for Direct Representation, Recruitment, and Direct Representation Expansion for the remainder of the then-current option period and all unexercised option periods.

March 26 – April 2, 2025: Federal Litigation and Temporary Restraining Order

On March 26, 2025, a coalition of nonprofit legal service providers filed Community Legal Services in East Palo Alto v. United States Department of Health & Human Services, No. 3:25-cv-02847-AMO (N.D. Cal.), regarding the partial termination for convenience.

On March 27, 2025, the plaintiffs filed a motion for a temporary restraining order (TRO). On April 1, 2025, the court granted the motion, effective at 11:00 a.m. EST on April 2, 2025. The TRO, ECF No. 33, enjoined the Government “from withdrawing the services or funds provided by ORR as of March 20, 2025, under the TVPRA and ORR's Foundational Rule, 45 C.F.R. § 410.1309(a)(4), particularly ORR's provision of funds for direct legal representation services to UAC,” and “precludes cutting off access to congressionally appropriated funding for its duration.” To comply with the TRO, DOI-IBC, on behalf of ORR, rescinded the partial termination for convenience and reinstated the terminated contract line items.

April 29, 2025: Conversion to Preliminary Injunction

On April 29, 2025, the court converted the TRO into a preliminary injunction, which prohibits ORR from withdrawing services or funds for direct legal representation of UAC for the duration of the case. Community Legal Services in East Palo Alto v. United States Department of Health & Human Services, No. 3:25-cv-02847, ECF No. 87 (N.D. Cal. Apr. 29, 2025). As a result, ORR is required to maintain the services and funding at the levels that existed as of March 20, 2025. The Government filed an appeal to the U.S. Court of Appeals for the Ninth Circuit; however, as of the date of this JOFOC, the preliminary injunction remains in effect, and the case is ongoing in district court. The Government is required to file compliance reports every 45 days demonstrating that ORR continues to provide funded direct legal representation services to UAC as required by the court's order.

June 25, 2025: DOI Discontinues Contract Administration Support

DOI notified ORR on June 25, 2025, that it would discontinue contract administration support under the interagency agreement for DOI Contract 140D0422C0009 effective July 31, 2025, which left the agency without a contracting vehicle for legally mandated services.

July 30, 2025: Award of HHS Bridge Contract 75P00125C00016

OMAS awarded bridge contract 75P00125C00016 to Acacia Center for Justice on July 30, 2025, on a sole-source basis under FAR 6.302-2, Unusual and Compelling Urgency, for a total potential period of performance from August 1, 2025, through July 31, 2026, at a total value of $356,310,289.21.

November 24, 2025: Issuance of Competitive Solicitation 75P00126R00003

OMAS issued competitive solicitation 75P00126R00003 on November 24, 2025.

As a result of multiple pre-award protests filed with the Government Accountability Office (GAO), ORR implemented voluntary corrective action — reassessing its requirements, revising the solicitation, and accepting new proposals — to address the substantive concerns raised by protesters and to strengthen the competitive acquisition.

The competitive procurement is ongoing and proposals have been received. However, a competitive award could not be made before the prior bridge contract expired on July 31, 2026, due to the June 15, 2026 pre-award protest Acacia filed with the GAO. The period of performance for the bridge contracts takes into consideration that there may be additional protest-related delays to contract award and performance.

Determination to Award Up to Three Bridge Contracts

The agency has determined it is necessary to award up to three bridge contracts to meet the agency’s legal obligations to provide legal services to UAC. Acacia’s bridge contract 75P00125C00016 expired by its terms on July 31, 2026.

While the Competition in Contract Act (CICA) requires full and open competition unless an exception applies, under the unusual circumstances here, awarding bridge contracts on the basis of other than full and open competition is reasonably necessary to comply with the CLS preliminary injunction, which requires the agency to maintain the services for the duration of the case.

Also, the agency estimates that transitioning to a new contractor requires a minimum of 120 calendar days. This transition requirement exists because of the complexity and sensitivity of UAC legal services — including, but not limited to, the need to recruit, hire, assess backgrounds/credentials for candidates requesting access to unaccompanied children, and train qualified legal personnel; establish secure information technology and case management systems; complete knowledge transfer activities; onboard subcontractors and service partners; implement quality assurance and performance management processes; and coordinate with Government stakeholders and external partners.

A multiple award bridge acquisition strategy was determined necessary to minimize a potential gap in services and to ensure the availability of legal services consistent with ORR’s statutory obligations under the TVPRA, the ORR Foundational Rule, and the terms of the CLS preliminary injunction. Multiple awards to Acacia (for transition-out services and continuance of direct legal representation services through each case’s transfer) and ICF and Our Rescue (for full performance after July 31, 2026) meet the agency’s urgent requirements. Without these mitigating actions, there would be significant risk of indefinite service disruption. Thousands of children would face immigration proceedings without representation, significantly increasing the risk of exploitation, trafficking, or erroneous removal. Awarding these bridge contracts is intended to minimize and mitigate the risks of service disruption and potential harm to children during the time necessary to award the new competitive contract.

Officer is therefore not required to post a solicitation to the Government-wide point of entry when a presolicitation notice is not required under FAR 5.101(b).

b. Sources Expressing Interest: Acacia, ICF, and Our Rescue have expressed an interest in fulfilling the agency’s urgent requirements. No other responsible sources have expressed an interest. As noted at 6.a, no presolicitation notice was issued for this bridge requirement. However, the market research conducted in support of the competitive follow-on acquisition, as described in Section 6, informed the agency’s market research for this requirement, which confirms that multiple capable sources (including Acacia, ICF, and Our Rescue) exist for this requirement.

Eight responses were received in response to the August 2025 Request for Information (RFI) from a diverse mix of large and small nonprofit and for-profit organizations, and multiple proposals were received under competitive solicitation 75P00126R00003.

The limited source determination for these bridge actions is based upon the legal and operational constraints described in Section 4 that made competition for the bridge requirement infeasible within the time available prior to the expiration of the predecessor contract.

c. Actions to Foster Competition for Future, Similar Requirements: The Government is currently conducting a full and open competition for a follow-on UAC legal services contract. As detailed above, OMAS issued competitive solicitation 75P00126R00003 on November 24, 2025, within four months of awarding contract 75P00125C00016 to Acacia, reflecting the Government's immediate and sustained effort towards competition. Consistent with CICA, award and performance of a follow-on contract is stayed pending resolution of the July 15, 2026, solicitation protest. Market research conducted for the competitive procurement through the August 2025 RFI confirmed that a mature and competitive market exists for UAC legal services, with multiple vendors demonstrating national reach, scalability, and compliance with applicable federal standards. Proposals have been received from a competitive field of offerors under the active solicitation, further confirming that full and open competition is achievable for the long-term requirement.

These bridge actions will be limited in duration to the period necessary to complete the competitive acquisition after the current solicitation protest is resolved and required transition activities, as set forth in Section 4. They are designed to facilitate the earliest possible transition to a competitively awarded follow-on contract.

6. Market Research: To identify potential sources for the agency’s urgent requirements, ORR leveraged market research previously conducted in support of the ongoing competitive follow-on acquisition under solicitation 75P00126R00003, as that research remains current and directly relevant to this bridge requirement. Additionally, based on the compelling urgency, ORR conducted research of information publicly available to potentially identify additional sources. The existing research, supplemented with fresh research, is appropriate because the bridge requirement is for a similar scope of the services previously performed under contract 75P00125C00016 and those contemplated under the competitive solicitation.

On July 10, 2026, as part of market research for the agency’s urgent requirement after July 31, 2026, the contracting officer inquired via email with ICF and Our Rescue as to each company’s interest and capability in potentially providing ORR’s requirement for full scope legal services under a new bridge contract. On July 13, 2026, both companies confirmed that they were interested and capable of providing services after July 31, 2026.

On July 16, 2026, as part of market research for this requirement, ORR conducted an internet search of publicly available information of both ICF and Our Rescue.

ICF: The information gathered corroborated the findings of the Notice ID HHS-OAMS-RFI-26- ACF343988 and the June 6, 2025 revalidation of ICF’s August 2024 PRLS proposal under solicitation 75ACF124R00004. It also corroborated the detailed capability statement ICF included in its July 13, 2026 reply to the contracting officer. The agency determined that ICF demonstrates relevant experience supporting ORR’s UAC program. In making this determination, the agency considered ICF’s experience with child-welfare case coordination, client-management systems, case reviews, continuous quality improvement, and work with ORR care-provider and Federal staff involving release and transfer recommendations, identification of special needs, and home-study and post-release service recommendations.

The agency also considered ICF’s experience supporting legal-services functions, including legal-service-provider network operations, pro bono coordination, case matching and referrals, and legal-intake screening for UAC in ORR custody and post-release, as well as its experience providing trauma-informed victim services and technical assistance to vulnerable populations.

The agency also considered ICF’s June 18, 2026 Contractor Responsibility Assessment Report.

The report reflects Federal contracting activity involving professional legal support services, as well as program management and support, program evaluation and review, training and curriculum development, and other professional support services. The report identified no existing exclusion, delinquent Federal debt, debarment or suspension, applicable Federal tax delinquency or felony conviction, or Federal contract termination for default. It also identified no non-responsibility determination, termination for cause, or termination for default in the responsibility and qualification records reviewed.

Based on the information considered, including ICF’s relevant UAC program experience, legal-services support experience, experience supporting vulnerable populations, and responsibility information, the agency determined that ICF has the organizational and operational capability to meet the agency’s urgent legal-services requirement.

Our Rescue: The agency determined that Our Rescue’s relevant experience includes joint law-enforcement operations, survivor care, training, technology, and anti-migrant-trafficking activities. Our Rescue supports law enforcement in identifying sexual predators, supplies digital forensics tools, and is engaged in survivor programming, education, and prevention initiatives. Our Rescue works with partners and communities around the globe to provide essential services to people who have been or could be human trafficked and exploited.

On June 18, 2026 the agency sought a Contractor Responsibility Assessment. The report did not reflect any Federal contracting activity. The report identified no existing exclusion, delinquent Federal debt, debarment or suspension, applicable Federal tax delinquency or felony conviction, or Federal contract termination for default. It also identified no non-responsibility determination, termination for cause, or termination for default in the responsibility and qualification records reviewed.

Our Rescue is experienced in providing services to vulnerable populations included in the scope of ORR’s UAC legal services requirement. The agency determined that Our Rescue’s unique background and competencies will foster its success in meeting ORR’s legal service requirements.

Acacia: The agency determined that Acacia has recent and directly relevant experience providing legal services for unaccompanied children, including performance under Contract Nos. 75P00125C00016 and 140D0422C0009. ORR determined that Acacia performed the required services under these contracts at an acceptable level. Based on this experience, the agency determined that Acacia has direct familiarity with the UAC legal-services environment and the requirements associated with providing direct legal representation to unaccompanied children.

The agency also considered Acacia's June 18, 2026, Contractor Responsibility Assessment Report. The report identified no existing exclusion, delinquent Federal debt, debarment or suspension, applicable Federal tax delinquency or felony conviction, or Federal contract termination for default. The report also identified no non-responsibility determinations or terminations for cause or default within the responsibility and qualification records reviewed.

Based on Acacia's recent and directly relevant experience, ORR's assessment of its performance under the prior contracts, its familiarity with the UAC legal-services environment, and the responsibility information reviewed, the agency determined that Acacia has the capability to perform the required four-month transition-out activities while continuing required direct legal representation during the transition period.

The market research confirms that Acacia, ICF, and Our Rescue can meet the agency’s urgent needs for legal services after July 31, 2026. Competition exists for the long-term requirement, but a series of protests of the solicitation for the competitive procurement necessitate an additional bridge contract due to the expiration of the predecessor contract 75P00125C00016 on July 31, 2026, and the CLS preliminary injunction that requires the agency to maintain the services for the duration of the case. In response to the contracting officer’s inquiries between July 2 and July 8, 2026, Acacia confirmed on July

ORR

determined that it has an urgent requirement for up to three new contracts for transition-out services and performance of the full requirements of the legal services after July 31, 2026.

Aligned with providing legal services to UAC, ORR has identified ICF and Our Rescue to provide the required urgent services with minimal interruption as they ramp up and transition approximately 23,000 active cases. To mitigate risk and minimize service disruption, ORR and OMAS intend to make a good-faith effort to negotiate a short-term bridge contract with Acacia to transition active cases to the new bridge awards and continue direct legal representation services through each case’s transfer. As detailed in Section 4, not awarding these bridge contracts would result in a break in continuity of services, placing ORR in jeopardy of violating its statutory obligations under the TVPRA, ORR Foundational Rule, and the terms of the CLS preliminary injunction.

7. Additional Information or Other Facts: Pursuant to FAR 6.103-2(c)(2), the total period of performance of a contract greater than the simplified acquisition threshold awarded or modified using this authority may not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply. The required determination is separate from this JOFOC and documented in the contract file.

8. Technical or Requirements Program Management Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Richard Debany Chief, Division of Acquisition Requirements

9. Fair and Reasonable Price Determination: As the contracting officer, I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable.

10. Contracting Officer (CO) Certification and Determination: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. And, based

/S/ upon the foregoing, I also determine that using a sole-source contract is in the best interest of ACF/ORR.

Jessica Alderton Contracting Officer

ELEVATED REVIEWS & APPROVALS

11. OMAS Advocate for Competition (AfC) Review and Approval: I reviewed this justification find that it adequately supports other than full and open competition.

Christopher Wallis OMAS Advocate for Competition

12. OMAS Head of the Contracting Activity (HCA) Review and Approval: I reviewed this justification and find that it adequately supports other than full and open competition.

Quentin McCoy Head of the Contracting Activity

13. HHS Advocate for Competition (AfC) Review and Concurrence: I reviewed this justification and concur that it adequately supports other than full and open competition.

Anthony Kram HHS Advocate for Competition

FINAL APPROVAL

14. HHS Senior Procurement Executive: Based on the foregoing, I hereby approve this justification for other than full and open competition pursuant to the authority of 41 U.S.C.

3304(a) and in accordance with FAR 6.103.

Jennifer D. Johnson HHS Senior Procurement Executive

/S/