Attachment 6 Questions and Answers rev 1 dated 20240805.pdf

Attachment 6: PRLRS MA-IDIQ Questions and Answers

Q-ID Document / Reference Section Page Question Answer Q-

PDF 75ACF124R00004 L.3 52.212-1

Vol II - Factor 2 Past Performance

P79-

Given that ORR issues $3 billion in grants per year, can the government confirm that grants and cooperative agreements will be accepted within the "up to 5" projects in Subfactor 1 Corporate Experience and corresponding Factor 2 Past Performance?

Change made to rename contracts to projects. This is in line with the intent of ORR.

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PDF 75ACF124R00004 L.3 52.212-1

Vol II - Factor 2 Past Performance

P79-

Will the government accept Past Performance Questionnaires for grants and cooperative agreements as compliant evidence of Factor 2 Past Performance?

Yes, the Government will accept PPQ for grants and co-ops as relevant and compliant evidence.

Q-

PDF 75ACF124R00004 L.3 52.212-1

Vol II - Factor 2 Past Performance

P79-

For Federal contracts that meet the requirements for Past Performance under this RFP, yet CPARS have not yet been posted, will the government accept PPQs as compliant evidence for Factor 2?

The Government will accept this as relevant and compliant evidence.

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Attachment 5a and 5b - Awardable Task Order Pricing Sheet

Attachment 5a and 5b - Awardable Task Order Pricing Sheet

Language referenced: Note to Offerors:

Offerors are not permitted to change the number of staff nor labor hours proposed for each labor category.

Offerors shall propose travel utilizing the plug numbers provided.

Can the government provide clarification on whether the hours ceiling is fixed per FTE, and whether the ceiling price in the task order pricing proposals where FTE and hours cannot be modified will be used to issue individual task orders without further discussion about actual level of effort required? if attorney hours are limited the government’s numbers here, how does the government plan to ensure compliance with ethical standards for attorneys providing direct representation where additional hours would be required to provide zealous representation as mandated by professional rules of responsibility?

Would the government address this question as quickly as possible given the importance of this answer for bid preparation?

Offerors are instructed to propose a specific number of hours per labor category listed.

The number of hours per FTE is capped at 2080 hours.

There is no requirement that indicates that the number of hours are tied to a particular Full Time Employee (FTE). The level of effort required is articulated by the number of hours and labor categories indicated on Attachments 5a and 5b. The Government is not responsible for ensuring that Offeror's provide zealous representation as mandated by professional rules of responsibility, the Offeror is.

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PWS and TO 1a and 1b 1.11 Key Personnel Pages 6-7

The government provides a list of key personnel positions which match in language to LCATs specified in the Attachment 5a and 5b. In Attachment 5a and 5b, there are 2 FTEs as project coordinators and 3 FTEs as Management and Evaluation Associates

Each Key Personnel position listed in each Task Order is intended for one individual, for a total of four Key Personnel required per task order. If there are multiple people listed for one labor category, then only one person shall be listed as listed. Can the government confirm it intends only 1 Project Coordinator and 1 Management and Evaluation Associate be named as key personnel for each TO and the remaining FTEs as project staff?

Key Personnel, and the remaining FTEs are project staff.

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PDF 75ACF124R00004 L.3 52.212-1 P77 Please confirm that offerors can include a compliance matrix (i.e., index) that is not included in the page limitation.

Confirmed. Offerors may submit a compliance matrix, which will be considered an “index” that is excluded from the page limitations. See note at SF1449 L.3(8).

Q-

PDF 75ACF124R00004 L.3 52.212-1 P77 Please confirm that offerors may submit their proposals using more than one email should the collective submission files exceed 10 megabytes.

Yes. However, the Offeror is responsible for ensuring that its complete proposal is received by the proposal deadline.

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PDF 75ACF124R00004 L.3 52.212-1Vol II - Factor 2 Past Performance

P79-

Given that this is a large, complex IDIQ, we would like to submit a relevant IDIQ contract vehicle as one of our past performance projects. IDIQ CPARS lack detailed performance feedback on Task Order deliveries. Due to this lack of detail, will the government accept a CPARS for a task order awarded under the IDIQ contract as a compliant submission for Factor 2?

Yes, the Government will accept Task Order CPARS awarded under an IDIQ contract.

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Attachments 4, 5a, and 5b

Should the external links included in the Excel files be removed?

The Government has removed all links in the files.

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Attachment 4 Can the government clarify what offerors are to include regarding the LCAT # (column A)?

The Labor Category Number (LCAT #). Attachment 4 has been updated to spell out the acronym. When proposing

LCATs for the MA-IDIQ in Attachment 4, offerors must number their LCATs sequentially.

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Attachments 5a and 5b Should offerors use the row titled "G&A (non-stipend)" for their estimate of indirect costs that apply to their proposed ODCs?

Yes, (the row has been renamed “G&A for Subcontracts/Consultants”) the contractor should provide all proposed ODC's. ODC are divided into two categories.

The first category is the ODCs of the awardee. The second set of ODCs are the summation of the subcontractors/pro bono/small firms/solo practitioners costs including their fees.

Q-

Attachments 5a and 5b Should offerors add their annual labor hourly rate escalation in cell E3?

Yes. If applicable, offerors must propose their annual labor hourly rate escalation in cell E3. Offerors may use additional cells in Column E to propose multiple escalation rates, if applicable.

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Attachments 5a and 5b Should offerors include their indirect costs that apply to the travel plug amount in the G&A (non-stipend) row or is the plug amount inclusive of offeror indirect costs?

Indirect costs must not be applied to the travel plug amount.

PDF 75ACF124R00004 L.3 52.212-1

Technical Subfactor 3 and 4

- Technical Approach for Awardable Task Orders 1a and 1b and M2.2 Evaluation Approach Factor 1, Technical Subfactor 3 and 4

P78-and P86

In responding to the requirement to map labor categories, please confirm that only key personnel need to be mapped.

No. All labor categories must be mapped.

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PDF 75ACF124R00004 L.3 52.212-1 P77 Would the government consider allowing TO work schedules to be included in an appendix outside of the page limits?

No. The government will not allow TO work schedules to be included as an appendix.

Q-

Attachments 5a and 5b Are offerors permitted to adjust number formats in the Hourly Rate, Budget Period, and Budget Total columns to ensure cell format is consistent and accurate? For example, some of these cells include dollar signs and others do not.

Yes. The offerors are permitted to adjust number formats to insure consistency and accuracy.

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Attachment 5a There are pre-populated formulas in cells F39 and G39, but it is unclear how these formulas apply, and there are not similar formulas in the corresponding cells for Option Year 1 - Option Year 4.

Should these formulas be removed?

The formulas in cells F39 and G39 have been deleted.

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Attachment 5b There are pre-populated formulas in cells F39 and G39 as well as K39 and L39, but it is unclear how these formulas apply and there are not similar formulas in the corresponding cells for Option Year 2 - Option Year 4.

Should these formulas be removed?

The formulas in cells F39, G39, K39, and L39 have been deleted.

Attachments 5a and 5b Based on the current formulas in the Budget Period and Budget Total columns, these totals will equal the same amounts. Was it the government's intention to duplicate these columns?

No. The “Budget Period” column has been removed.

Q-

Attachments 5a and 5b ODC Can the government confirm that offerors should propose ODCs consistent with their proposed solution?

Yes, the offerors should propose ODCs consistent with their proposed solutions.

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RE: Solicitation vs Draft, SAM 24 Jun 24

Please confirm if the draft document issued on 24 Jun is still an updated pre-solicitation?

The document published June 24, 2024, on SAM.gov is the solicitation.

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If so, what is the anticipated release date?

The document published June 24, 2024, on SAM.gov is the solicitation.

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If not, please tell me where I can find the current due date?

The proposals submission deadline August 12, 2024.

Please refer to the solicitation.

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SF1449 The RFP instructs offerors to complete blocks 15a, 15b, 15c, 16, 17, and 18 of the SF 33. Form SF 1449 is used in the solicitation. Is SF 1449 the correct form? If so, which blocks should be completed?

The SF 1449 is the correct form. See section L of the amended solicitation for instructions on completing the

SF 1449.

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Post-Release Legal Services Task Order PWS TO 1a and 1b

1.5 2 Section states that the proposed Work Plan shall be submitted "within 30 business days after date of contract

Yes, this has been revised to “after the date of Task Order award.”

award." Should the due date be "after date of task order award"?

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Post-Release Legal Services Task Order PWS TO 1a and 1b

1.8.8.1 5 1.8.8.1 Federal Policies referenced the Base MA-IDIQ PWS but there is no corresponding 1.8.8.1 in the IDIQ PWS.

Please clarify if content is missing or the Federal Policies referenced are those listed in 1.8.8 of the IDIQ PWS.

Section 1.8.8.1 has been removed.

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Post-Release Legal Services Task Order PWS TO 1a and 1b

Appendix AA, Deliverables 30 Should Deliverable P-3's PWS reference be "1.13"?

Yes, this has been revised.

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Post-Release Legal Services Task Order PWS TO 1a and 1b

Appendix AA, Deliverables 30 Should Deliverable P-9's PWS reference be "5.5"?

Yes, this has been revised.

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Request for Proposal

(RFP)

Section A 3 Should Section A.3 ordering period end date be "July 31, 2029"?

Please refer to Section A.3 for the revised ordering period.

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Request for Proposal

(RFP)

L.3(8) 77 Please clarify that the "documentation of technical experience project" referenced in the asterisk as not counting toward the page limits pertains to documentation of the "Corporate Experience" for up to 5 distinct/separate projects/contracts.

See Section L.3(8) of the amended solicitation.

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Request for Proposal

(RFP)

L.3(8) 77 The text marked by the asterisk as not counting toward the page limits includes resumes [of Key Personnel] which are not required at the IDIQ level. Are the resumes for required Key Personnel at the Task Order level (subfactors 3 and 4) excluded from the

Yes. The resumes required at the Task Order level from Key Personnel are excluded from the page count.

page count for those subfactors (20 pages each)?

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Request for Proposal

(RFP)

L.3(8) 80 Third paragraph, second sentence states that "Relevance means similarity…. with respect to scope, type of work, and value." Section M.2.2 Evaluation Approach - Factor 1 refers to "projects similar in nature, scope, complexity, and difficulty." Given there are few if any contracts for legal representation of UCs with a contract value anywhere near the maximum ceiling of this contract, few if any offerors will be able to meet the test of "relevant" contracts to demonstrate their ability to perform this work.

Accordingly, we recommend aligning the instructions and evaluation criteria in accordance with "similar in nature, scope, complexity and difficulty" to maximize competition.

See Section L.3(8) of the amended solicitation.

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Request for Proposal

(RFP)

M.1 84 Second paragraph entirely in parentheses appears to be extraneous text.

This narrative has been deleted.

Q-

Request for Proposal

(RFP)

M.1(b) 84 (b) Options paragraph states that the "Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement." Please clarify how this approach will be used given that offerors are providing hourly

Attachments 5(a) and 5(b) require offerors to propose pricing for labor and ODCs for a Base Year and four Option Years. For each performance year, the number of hours for each identified labor category labor rates for Labor Categories of their own definition without providing corresponding quantities that would provide a "total price".

will be multiplied by the offeror’s proposed hourly rate to arrive at the “Budget Total,” plus ODCs. For evaluation purposes, the offeror’s proposed price will be the total price for the Base Year plus the total price for each of the Option Years. Offerors are not restricted by the solicitation regarding labor categories nor pricing at the MA-IDIQ level. Offerors shall utilize their best judgement regarding any discounts from the MA-IDIQ ceiling rates that they propose at the task order level. Labor categories are fixed at TO level, but proposers are allowed to propose additional labor categories at the MA-IDIQ (to be used in future TOs)

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Request for Proposal

(RFP)

M.2(b) 85 Same question as above regarding stated evaluation method of "adding the total price for all options to the total price for the basic requirement."

See response to Q34.

Request for Proposal

(RFP)

M.2.5.1 90 Basis of award for Task Order 1a references conformance to "the solicitation requirements (See Section L.6)." There is no L.6 in the RFP. Please confirm that the correct reference is to "Section L.3".

Confirmed. Section M.2.5.1 paragraph has been revised accordingly.

Q-

Request for Proposal

(RFP)

M.2.5.1 90 Basis of award for Task Order 1b references conformance to "the solicitation requirements (See Section L.6)." There is no L.6 in the RFP. Please confirm that the correct reference is to "Section L.3".

Confirmed. Section M.2.5.2 paragraph has been revised from accordingly.

Request for Proposal

(RFP)

Cover Sheet N/A The final RFP has changed the Corporate Experience requirement to now allows for up to 5 corporate experience projects and that "Offerors may use the combined experience of their team, to include subcontractor(s)" [L.3(8) page 78. Selecting these additional projects and coordinating with our teammates to complete the required information and more importantly to request and ensure the return of completed Past Performance Questionnaires (Attachment 3) requires more time than allowed by the current due date of July 8, especially considering the Holiday occurring during this window. Accordingly, to maximize the possibility that the Government received the most accurate and complete representation of each Offeror's demonstrated experience to execute this work, we request a 10-day extension of the due date for proposal submission to July 18, 2024.

Please refer to amendment 0003 for the proposal submission date.

Q-

Attachment 2a Awardable Task Order 1a - West PWS / Attachment 2b Awardable Task Order 1b - East PWS

5.2.2 14 Section requires KYRs "on a weekly basis." Should contractors plan to hold only one KYR per week, or if they can do so, more frequently (e.g., daily)?

What if locations have more than one court?

The contractor shall perform in accordance with the Task Order PWS.

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Attachment 5a - Awardable Task Order 1a Pricing Sheet /

All All Should applicants assume the staff listed as "direct representation"

Contractor may use any labor category for the mentorship/management of

Attachment 5b - Awardable Task Order 1b Pricing Sheet includes mentorship/management of pro bono cases as well?

pro bono cases. This may include the direct representation labor category or other categories. .

Q-

Attachment 5a - Awardable Task Order 1a Pricing Sheet / Attachment 5b - Awardable Task Order 1b Pricing Sheet

All All Pricing sheets 5a and 5b each calculate time spent by KYR lawyers & paralegals based on 11 courts, but pricing sheet 5a only covers 5 courts in the West region, and pricing sheet 5b only covers 6 courts in the East region. Request government correct both pricing sheets.

The West region has 5 courts, and the East region has 6 courts. The pricing sheet for TO 1a is for 5 courts in the West region and TO1b for 6 courts in the East Region.

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Solicitation No.

75ACF124R00004

L.3 78-79 Under Technical Subfactor 1 - Corporate Experience, the RFP requests information on five ongoing or prior contracts. Factor 2 refers to "each contract cited." May applicants also include references from grants and cooperative agreements, in addition to contracts?

Yes, Offerors may include references from grants and cooperative agreements.

Please see section L of the amended solicitation.

Q-

Attachment 2a Awardable Task Order 1a - West PWS / Attachment 2b Awardable Task Order 1b - East PWS

5.2.4 14 Section states "The Contractor shall provide direct representation and assistance to eligible unaccompanied children in applications for employment authorization." Does this mean that contractors shall provide direct representation and assistance to unaccompanied children for work authorization only? Or is direct representation and assistance for work authorizations only permitted in the context of full direct legal representation for unaccompanied children?

The government anticipates that representation for work authorization applications will generally be part of representation in removal proceedings, but there may some circumstances where the Contractor represents a child for the work authorization process only.

Attachment 2a Awardable Task Order 1a - West PWS / Attachment 2b Awardable Task Order 1b - East PWS

5.2.7 16-17 In section 5.2.7, " Oversee and coordinate qualified pro bono representation legal services for eligible unaccompanied children," is it ORR's intent that Contractors place the entire legal case with a pro bono attorney and/or is it possible to place portions of the legal case (e.g., state court order only)?

The Contractor will be responsible for management of pro bono cases; as such the Contractor may place all or some portion of the case with pro bono attorneys.

Q-

Attachment 2a Awardable Task Order 1a - West PWS / Attachment 2b Awardable Task Order 1b - East PWS

5.2.8 17 For the referral process required, Task Order notes that "Contractor shall coordinate with ORR and other ORR funded programs, including legal services, to avoid duplication of efforts.

The Government reserves the right to require that the Contractor use an ORR government system for referrals." Can ORR specify which existing platforms and/or systems they believe will be to be used by the Contractor?

At this time, the Government does not have a referral system. However, if the Government develops one in the future, the Government reserves the right to require the Contractor to use it for sending or receiving referrals, as stated in Task Order PWS Section 5.2.8.

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Attachment 5a - Awardable Task Order 1a Pricing Sheet / Attachment 5b - Awardable Task Order 1b Pricing Sheet

All All Can offerors modify labor categories, as long as the total number of hours and FTEs remain the same?

No.

Attachment 5a - Awardable Task Order 1a Pricing Sheet / Attachment 5b - Awardable Task Order 1b Pricing Sheet

All All When completing “Attachment 5a – Awardable Task Order 1a Pricing Sheet” and “Attachment 5b – Awardable Task Order 1b Pricing Sheet” can the offeror add in the offeror’s labor categories that correspond to the provided labor categories in the templates to match the offeror’s proposed labor categories on “Attachment 4 – PRLS MA-IDIQ Labor Rate Table” so long as the total FTEs and Hours for the offeror’s labor categories equals the FTEs and Hours provided in the template? For example, in “Attachment 5a – Awardable Task Order 1a Pricing Sheet” Base Year, the template shows 84 FTEs and 174,720 hours for “Lawyer – Direct Representation”. Can the offeror split that labor category into multiple underlying labor categories, like Lawyer 1, Lawyer 2, and Lawyer 3 and then allocate the 84 FTEs and 174,720 amongst those underlying labor categories?

Attachment 5a – Awardable Task Order 1a Pricing Sheet / Attachment 5b – Awardable Task Order 1b Pricing Sheet

All All If the offeror is unable to modify the naming conventions of the provided labor categories or add in its own proposed labor categories that relate to the provided labor categories, can the offeror instead propose blended hourly rates in “Attachment 5a – Awardable Task Order 1a Pricing Sheet” and “Attachment 5b – Awardable Task Order 1b Pricing Sheet”? For example, if the offeror’s proposed solution utilizes multiple levels of labor categories (e.g., Lawyer 1, Lawyer 2, and Lawyer 3) that relate to the provided labor categories in the templates (e.g., Lawyer – Direct Representation), can the offeror propose a blended rate for its proposed labor mix for that labor category in the template or must it be a one to one relationship with a labor category and hourly rate in Attachment 4?

No. A one-to-one relationship with a labor category and hourly rate in Attachment 4 is required.

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Attachment 5a - Awardable Task Order 1a Pricing Sheet / Attachment 5b - Awardable Task Order 1b Pricing Sheet

All All Within “Attachment 5a – Awardable Task Order 1a Pricing Sheet” and “Attachment 5b – Awardable Task Order 1b Pricing Sheet”, there is a reference to Cell E3 for the Option Year Hourly Rate calculations (See formula in Cell J13 for an example). Is Cell E3 intended to be populated with the offeror’s proposed annual escalation rate? If yes, is the offeror free to propose whatever escalation rate they

Yes, Cell E3 is intended to be populated with the offeror’s proposed escalation rate. The Government is not prescribing an annual escalation rate.

deem appropriate or is the customer prescribing the annual escalation rate?

Q-

Attachment 5a - Awardable Task Order 1a Pricing Sheet / Attachment 5b - Awardable Task Order 1b Pricing Sheet

All All Within “Attachment 5a – Awardable Task Order 1a Pricing Sheet” and “Attachment 5b – Awardable Task Order 1b Pricing Sheet”, there is a reference to Cell E6 for the “G&A (stipend)” calculation. Is Cell E6 intended to be populated with the offeror’s proposed G&A rate? If yes, can the formula be updated to escalate the G&A Rate for Option Years?

Yes. “Stipend” has been removed and replaced with “G&A for Subcontracts/Consultants “

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MA-IDIQ PWS 1.6 5 “[t]he Contractor shall coordinate employee telecommuting in advance with the COR,” does this pertain only to direct functions between Contractor and Government, or does it also pertain to execution of legal services that many courts allow video appearances for? If so, can a “blanket” request be made instead of one-off requests?

The language quoted has been removed from Section

1.6 of the MA-IDIQ PWS. The Contractor may allow its employees to telecommute IAW the Contractor’s policies if the work and required level of performance can be completed successfully IAW the contract requirements, as stated in Section 1.6 of the

MA-IDIQ PWS.

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MA-IDIQ PWS 1.1 1 Are there currently any other new populations the government is considering adding to the PRLRS?

MA-IDIQ PWS 1.6 5 As currently two geographical areas are listed in the PRLRS, when Contractor finds out the minor lives in an area not covered by the stated areas in the PRLRS, does the government allow continued representation or will it require the attorney to withdraw and cease representation?

The government will allow continued representation. If the child relocates outside the geographic jurisdiction of the task order, the Contractor shall either continue representation, if possible, to do so remotely or make a referral to a local provider to continue representation.

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MA-IDIQ PWS 1.2. 3 As a minor's immigration relief may be dependent to another family relative, in these situations, are we allowed to incorporate services for the minor's affected family?

This contract is for representation for unaccompanied children.

Services for the eligible population may benefit other family members, but the population eligible for representation under this contract is unaccompanied children.

MA-IDIQ PWS 1.4.2 4 Will the government provide a sample QASP prior to task order issuance?

QASP will be provided to the successful Offerors after task orders 1a and 1b are awarded.

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MA-IDIQ PWS 1.8.1 8 Will required HHS/ACF Information Security Awareness, Privacy, and Records management training be conducted in person or virtually?

Virtually.

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MA-IDIQ PWS 1.9.5 12 With respect to client files, will the government require paper files or allow digital files to comply with section 1.9.5?

The offeror’s question references MA-IDIQ PWS section 1.9.5 (Alienation or Unauthorized Destruction of Records). To the extent the offeror’s question pertains to maintaining client files, digital files are allowable, as provided in MA-IDIQ PWS section 1.9.4.

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Request for Proposal Awardable Task Order 1a

5.2.4 14 Where filing fees are required, does the government intend to track and reimburse Contractor for associated fees? USCIS, Family/Probate, BIA, etc.

When filing fees are required for a child’s legal case, the Contractor shall request a fee waiver on behalf of the client from the adjudicating agency (such as USCIS), if applicable.

If a fee waiver is not possible, the Contractor may bill the Government for the filing fee as part of the ODCs.

Q-

Request for Proposal Awardable Task Order 1a

5.2.8 and 5.2.9 17 Who is allowed to refer minors to Contractor? Can we sign up and engage with minors that reach out via the referral options even though they may not be listed on the Task Order?

Contractor can represent any unaccompanied children that meet the definition in the task order. Per Task Order PWS sections 5.2.8 and 5.2.9, Contractor is responsible for creating and organizing a referral process and outreach program.

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Attachment 2a Awardable Task Order 1a

5.2.1 15 Given the expected high volume of documents, where should the Contractor submit the E-28 and/or NAR forms to ORR?

Per Task Order 5.2.1, "The Contractor shall submit an electronic version of the E-28 and/or NAR to ORR (or similar form provided by ORR) to confirm representation within 30 days of initiating representation."

Attachment 2a Awardable Task Order 1a

1.2 15 Does the government intend to offer one regional task order to more than one IDIQ awardee? if so, does the government expect both awardees to provide KYRs and SHWs at the juvenile dockets?

A single vendor can be awarded both task orders. The Government expects awardee(s) to provide KYRs and SHWs at the juvenile documents.

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Attachment 2a Awardable Task Order 1a

2.9.13.1 20 Can the deadline for monthly reports be extended to the 25th of the month following the month in which services were performed to ensure adequate time for data entry, validation, and processing?

The Government, COR and CO may consider reasonable requests for altering the reporting deadlines and may entertain extension requests for the deadline for monthly reports or any other deliverables.

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Attachment 2a Awardable Task Order 1a

2.9.13.2 20 Can the deadline for monthly reports be extended to the 25th of the month following the month in which services were performed to ensure adequate time for data entry, validation, and processing?

The Government, COR and CO may consider reasonable requests for altering the reporting deadlines and may entertain extension requests for the deadline for monthly reports or any other deliverables.

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Attachment 2a Awardable Task Order 1a

2.9.13.3 21 Can the deadline for annual reports be extended to 60 days after the end of the performance period to allow sufficient time for data entry, validation, and processing?

The Government, COR and CO may consider reasonable requests for altering the reporting deadlines and may entertain extension requests for the deadline for monthly reports or any other deliverables.

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Attachment 2a Awardable Task Order 1a appendices 27 What is the government's expectation for handling overlapping reports, such as a monthly report, semi-annual report, and annual report, all due on the 15th of the final month of performance?

The COR and CO may consider reasonable requests to consolidate overlapping reports, if the consolidated report includes all required information.

Attachment 2a Awardable Task Order 1a

5.1 13 Would the government consider issuing a national scale needs assessment instead of regional assessments to better address legal access gaps related to mobility between regions and ensure that there is consistency in methodology and analysis?

The needs assessment required under the task orders is focused on the regions defined in each task order.

However, the Government reserves the right to require a national scale needs assessment in a future task order.

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Attachment 2a Awardable Task Order 1a

2.9.6 17 Should the government require that data be entered ORR's data reporting system, would the government continue to expect the contractor to issue reports? If so, would the contractor be provided access to the government system in order to do data validation for those reports with the official system of record?

At this time, the Government does not have a referral system. However, if the Government develops a system to be used for entering data in the future, the Contractor would be given access to the government system. The Government expects the Contractor will continue to issue reports and to provide access to the Contractor for data validation.

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Attachment 5a and 5b - Awardable Task Order Pricing sheet

Where the government prohibits offeror from making changes to the FTE proposed for each labor category, is the government mandating that those FTE levels and hours be provided, or simply ensuring that it is fairly considering costs with all organizations at this stage? If the latter, how will the government know the actual capacity of each offeror?

Yes, the Government is mandating that the labor mix and labor hours specified in Attachments 5a and 5b be provided for Task Orders 1a and 1b.

Solicitation B.4 Can the government clarify what it means that the government shall place orders totaling $2,534.53 for each IDIQ? This makes it sound like it is a per case fee that is capped at $2,534.53, this would not be sufficient, especially for the full duration of a full-rep case.

To establish a binding IDIQ contract, FAR 16.504(a)(2) requires that there be a stated guaranteed minimum quantity of supplies or services to be ordered under the IDIQ.

$2,534.53 is the minimum guaranteed amount.

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Attachment 5a and 5b - Awardable Task Order Pricing Sheet

Language referenced: Note to Offerors:

Offerors are not permitted to change the number of staff nor labor hours proposed for each labor category.

Offerors shall propose travel utilizing the plug numbers provided.

Can the government provide clarification on whether the hours ceiling is fixed per FTE, and whether the ceiling price in the task order pricing proposals where FTE and hours cannot be modified will be used to issue individual task orders without further discussion about actual level of effort required? if attorney hours are limited the government’s numbers here, how does the government plan to ensure compliance with ethical standards for attorneys providing direct representation where additional hours would be required to provide zealous representation as mandated by professional rules of responsibility?

Would the government address this question as quickly as possible given

Offerors are required to complete Attachments 5a and 5b in accordance with the instruction provided in each attachment. Compliance with ethical standards for attorneys providing direct representation are the sole responsibility of the Offeror.

The government does not prohibit additional labor categories at the base IDIQ level. For the task orders, Offerors may propose performing the work of outreach, pro bono mentoring, training, and technical assistance using any of the listed labor categories.

Please refer to Section M.2.2 of the amended solicitation.

the importance of this answer for bid preparation?

Q-

Attachment 1 PRLS MA

IDIQ PWS

1.7.4 7 Can HHS provide the security framework in which they intend the prime contractor(s) to maintain the system? 800-53 or 800-171?

HHS Policy for Information Security and Privacy Protection (IS2P) is the authority for Information Security and Privacy. This document will be an attachment to the solicitation.

Section references will be updated.

Security requirements are reflected in section 1.7 in MA- IDIQ and Section 1.7 in both TO s.

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Attachment 1 PRLS MA

IDIQ PWS

1.7.2 e (3.22) 6 Can HHS provide the security control set that will be required by the HHS Information Security Program to successfully secure systems under this contract?

HHS Policy for Information Security and Privacy Protection (IS2P) is the authority for Information Security and Privacy. This document will be an attachment to the solicitation.

Other HHS IT policies will be provided as needed to awardees.

Q-

Attachment 1 PRLS MA

IDIQ PWS

1.7.3 6 Can HHS share the POCs for the ACF security team? (Mandated to work with ACF to categorize the system.)

Applicable Point of Contacts will be provided after award.

Q-

Attachment 2a Awardable Task Order 1a

2.9.13.1 21 In the reporting section, the government says that a reporting template referenced in section 5.2.6 should be submitted as part of the monthly report process. However, there does not appear to be a section 5.2.6. Is this the template referenced in section 2.9.6?

The template is referenced in Task Order 5.2.6. Per 5.2.6, “the Contractor shall propose a reporting template and must receive approval of the reporting template from the appointed COR. Reporting data shall be entered into the approved template within thirty (30) days of case event.

Data shall be made available to ORR monthly (as part of the monthly report) or upon request. The Government reserves the right to require that this data be submitted into an ORR data reporting system.”

Q-

Attachment 1 PRLS MA

IDIQ PWS

1.6 3 The work under these task orders is limited to specific jurisdictions. What is the government's expectation if a child's case begins within a covered jurisdiction and then the child moves to another jurisdiction that is not covered?

If the child relocates outside the covered geographic jurisdiction, the Contractor shall either continue representation, if possible, to do so remotely, or refer the case to a local provider and end representation.

Attachment 5a and 5b - Awardable Task Order Pricing Sheet

Would the government consider a mixed FFP and T&M contract, where the program management costs are FFP, and the legal services work is T&M?

The contract type has been identified in the solicitation.

Q-

Attachment 5a and 5b - Awardable Task Order Pricing Sheet

Can the government confirm that all case-related costs (e.g., filing fees, state court fees) are meant to be included under the "subcontracts/consultant" line? If not there, where should be they be documented?

Case-related costs must be proposed as an ODC. When filing fees are required for a child’s legal case, the Contractor shall request a fee waiver on behalf of the client from the adjudicating agency (such as USCIS), if applicable.

If a fee waiver is not possible, the Contractor may bill the Government for the filing fee as part of the ODCs.

Q-

Attachment 5a and 5b - Awardable Task Order Pricing Sheet

Would the government consider adding specific labor categories and hours for outreach, pro bono mentoring, training, and technical assistance in the sample task templates?

The government does not prohibit additional labor categories at the base IDIQ level. For the task orders, Offerors may propose performing the work of outreach, pro bono mentoring, training, and technical assistance using any of the listed labor categories.

Q-

Attachment 2a - Awardable Task Order 1a

1.14 8 The document states, "All ODCs shall be detailed in the Contractor’s Task Order Price Proposal, Attachment 6 “Minimum Guarantee Task Order 1 Pricing Sheet..." but there is no such attachment. Can the government please clarify?

The reference to the “Contractor’s Task Order Price Proposal, Attachment 6 ‘Minimum Guarantee Task Order 1 Pricing Sheet’” is in Task Order 1a PWS section

1.14 is in error. Offerors must price Task Order 1a proposals (including ODCs) using Attachment 5a. Section 1.4 has been revised accordingly.

Q-

Attachment 2a Awardable Task Order 1a

2.9.6 16 If a child declines to provide informed consent for the attorney to release information about the child to the government, is it the government's position that the contractor would be prohibited from offering services to the child? Some children and sponsors will not be comfortable having identified information shared, and assurances in an RFP that information will not be shared with other government agencies are not guarantees, especially when past administrations have required such sharing of information.

Unaccompanied children/sponsors must provide informed consent to share the represented party's name, A#, and the final disposition of their case in order to be represented under this contract. All other reporting on the case status will be anonymized. The information required is necessary to ensure the Contractor is complying with the contract requirements.

ORR will not share this information with other government agencies for immigration enforcement purposes. Furthermore, the population represented under the contract are also appearing before immigration court and applying for benefits before USCIS, so none of the information shared with ORR should be information not already held by other government agencies.

Attachment 2b - Awardable Task Order 1b

1.13.2 8 Can ORR provide a blanked authorization process for legal representatives that travel frequently to the same locations (e.g., between office and court, more than 50 miles) to go between those locations as needed without having exact dates confirmed in the quarterly travel plan?

The Government will not provide a blanket authorization process. The awardee should include this in the Travel Plan. The Travel Plan is flexible and should be revised as new travel information becomes available. A travel plan is expected to be submitted quarterly or as circumstances permit IAW Section 1.13 of Attachment 1.

Q-

Attachment 2b - Awardable Task Order 1b

1.13.2 8 Is there flexibility to change and add travel plans after the travel plan has been submitted for the quarter? If so, how long will approval take?

The plan can be flexible and can change with updated information throughout the Period of Performance of the

TO.

Q-

Attachment 2a - Awardable Task Order 1a

2.9.3 15 PWS calls for KYRs and Self-Help Workshops. In order to conduct Self Help Workshops, children must know what immigration relief they are eligible for. Are LSPs also required to conduct legal screenings? Legal screenings can take anywhere between 40-75 minutes to complete, is this additional work that should be budgeted for in the pricing proposal and accounted for in the technical approach?

Offerors should use their best judgment to describe their proposed process within their technical proposals. However, legal screening is part of the intake process. Legal screening therefore must be included in the offeror’s proposed price for intake services. Legal screening shall not be priced separately in the pricing proposal.

Attachment 2a – Awardable Task Order 1a - West PWS

1.6 2 In jurisdictions where there is more than one local immigration court, does the government intend to limit representation only to children who have court dates in that the particular court location listed in the RFP? what if it is not yet clear to which local court the case will be docketed?

Per Task Order 5.2.1, “The Contractor shall prioritize offering direct representation to unaccompanied children in removal proceedings (meaning children who have an immigration hearing scheduled with EOIR), appearing on juvenile dockets.”

Q-

April 2024 Draft Solicitation - Post Release Legal Services

Attachment 3 Can the government confirm that they did not intend to provide a technical experience template similar to the one provided in the April 2024 draft documents? (attachment 3) and that offerors can respond directly without a template?

Please disregard any previous draft solicitations and follow instructions outlined in the solicitation published on SAM.gov on August 5, 2024, as amended.

Q-general Would the government consider allowing a ramp-up period to allow for the hiring of attorneys and legal staff at the start of the contract?

No, a separate and distinct ramp up period is not provided for.

Q-

PDF 75ACF124R00004 H.7 p17 This section indicates Wage Determinations (if applicable) will be identified in each Request for Task Order Proposal (RFTOP). Wage Determinations were not included with the two awardable RFTOPs for Task Orders 1a and 1b. Based on this, it is our understanding that the Government has determined that SCLS does not apply to Task Order 1a and Task Order 1b. Please confirm our understanding is correct.

The offeror’s understanding is incorrect. The Government has determined the SCLS apply to this acquisition. The applicable wage determinations have been included in this Amendment.

PDF 75ACF124R00004 L.3 52.212-1 p79 Please confirm that offerors can include a listing of all PRLS MA-IDIQ labor categories to be used in Task Orders 1a and 1b in an appendix outside the page limitation or in Volume V Contract Documentation.

Offers must utilize Attachment 4 to identify its proposed labor categories to be used in performance of future task orders and submit Attachment 4 as Volume III of the offeror’s proposal. As specified in the solicitation, Volume III has no page limit.

Q-

PDF 75ACF124R00004 L.3 52.212-1 p79 Please provide a list of required positions to be mapped to labor categories for both Task Order 1a and Task Order 1b.

Attachments 5a and 5b include the required positions.

Q-

PDF 75ACF124R00004 L.3 52.212-1(5) p.76 Please confirm that the required information for teaming partners (e.g., corporate name, address, point of contact, phone number, UEI Number, TIN, and CAGE Code) can be included in the cover letter or appendix outside the page limitation.

The required information for teaming partners must be included in Volume I (Technical Subfactor 2 - Program Management and Staffing Approach) within the page limitation provided within the solicitation.

Q-

PDF 75ACF124R00004 L.3 52.212-1 p77 Can the page limits for Subfactors 3 (1a and 1b) each be extended to 25 pages so offerors can provide a more detailed and informative response to the government?

The page limit has been extended from 20 pages to 25 pages. See section L of the amended solicitation.

Attachment+1+- +PRLS+Unaccompanie d+Children+MA-

IDIQ+PWS

1 1 Regarding training requirements, the PWS states "…all staff working with children (including attorneys and accredited representatives) under this contract shall be trained in cultural responsiveness, child-friendly and trauma-informed service provision, and on detecting, preventing, and responding to abuse, neglect, and trafficking". How will trainees be trained and how will they receive their proof of training (i.e., training certification)? Will this training be facilitated by the government? If not, is there a training program or source accepted by the government to meet the standards of this requirement?

The training must be facilitated by the Contractor.

Per section 5.2.10, of the Task Order 1a PWS and Task Order 1b PWS, “The Contractor shall provide and/or facilitate learning and development trainings and technical assistance to legal services staff, unaccompanied children and other stakeholders who work with unaccompanied children on immigration and related issues. The Contractor shall submit a training plan within thirty (30) days of award and must receive approval from the appointed

COR.”

Q-

Attachment+1+- +PRLS+Unaccompanie d+Children+MA-

IDIQ+PWS

1 1 Regarding training requirements, the PWS states "…all staff working with children (including attorneys and accredited representatives) under this contract shall be trained in cultural responsiveness, child-friendly and trauma-informed service provision, and on detecting, preventing, and responding to abuse, neglect, and trafficking". Are the costs associated with providing this detailed and specific training the government requires all staff working with children to have reimbursable to the contractor?

Yes, these costs are reimbursable. The Contractor is required to provide training to their staff, as detailed in the Task Order PWS. The contractor should provide all proposed ODC's. ODC are divided into two categories.

The first category is the ODCs of the awardee and these include court filing fees by the awardee. These are put in the

ODC CLIN 2.

The second set of ODCs are the summation of the subcontractors/pro bono/small firms/solo practitioners costs including their fees (such as filing fees).

These should be placed in Subcontracts/ Consultants (i.e., translation services, medical/psy. evals.) line.

Q-

Attachment+1+- +PRLS+Unaccompanie d+Children+MA-

IDIQ+PWS

1.7.9 7 This section references encryption requirements and using HHS PIV cards.

Does this mean all work done by the government contractor will be done on government issued devices (desktops, laptops, mobile devices, etc.) and those devices will come loaded with HHS encryption protocols? Or will the contractor be working off of their own corporate devices and those devices must comply with the HHS Standard for Encryption of Computing Devices and Information?

The government will not issue devices (e.g., laptops), nor reimburse for devices.

Contractor devices must meet or exceed HHS Standard for Encryption of Computing Devices and Information. See MA-IDIQ PWS section 1.7.7.

Q-

Attachment+1+- +PRLS+Unaccompanie d+Children+MA-

IDIQ+PWS

1.7.9 7 In relation to the question above, will the government reimburse the contractor for IT devices (i.e., desktops, laptops, mobile devices, and etc.)

purchased and used specifically and solely to support this contract?

Attachment+1+- +PRLS+Unaccompanie d+Children+MA-

IDIQ+PWS

1.8.1 8 This section states, "All Contractor (and any subcontractor) employees assigned to work on this MA-IDIQ contract shall complete the applicable HHS/ACF Contractor Information Security Awareness, Privacy, and Records Management training (provided upon MA-IDIQ award) before performing any work under this MA-IDIQ". How will this training be administered? Is this training on-demand, can it be done remotely, and must it be done on HHS provided devices?

Many trainings can be completed without access to the HHS systems. For training that can only be completed on the HHS system (e.g., Security training) links are sent by HHS and are accessible without a PIV card or Government laptop.

Q-

Attachment+1+- +PRLS+Unaccompanie d+Children+MA-

IDIQ+PWS

1.8.2 8 This sections states, "All contractor (and any subcontractor) employees with significant security responsibilities (as determined by the program manager) …. Is the designation of employees with significant security responsibilities determined by the Government Program Manager i.e., the Government Task Manager (GTM) or by the Contractor Program Manager. If the Government will be the making the determination, can and will the government identify the labor categories of employees that will be considered to have significant responsibilities?

As stated in MA-IDIQ PWS section 1.8.2, the Government (COR) will make the determination and provide the training.

Attachment+1+- +PRLS+Unaccompanie d+Children+MA-

IDIQ+PWS

1.8.7 9 This section refers to the mandate of all contractors and subcontractors being compliant with HSPD-12. Does this mean all contractors and subcontractors will be issued government CAC cards and all work and information processed by the contractor and the subcontractor must be performed on government issued devices that are connected to the government network? Or, is the government requiring all contractors and subcontractors to implement and demonstrate their own HSPD-12 compliant program that is in line with HHS HSPD-12 policy?

At this time the Contractor will not have access to HHS systems or have HHS laptop.

Therefore, the employees will not require PIV or CAC cards.

However, if the Government develops a system to be used for entering data in the future, the Contractor would be given access to the government system. The Government expects the Contractor will continue to issue reports and to provide access to the Contractor for data validation.

Q-

SOL-

DOC+75ACF124R00004

+20240408

G.4 10 Under section iii of "Additional Government Contract Services Requirements" it mentions "Invoices that include time and materials or labor hours CLINS must include supporting documentation to (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable). What is considered acceptable supporting documentation?

All invoices certified must be supported with sufficient documentation to enable the audit of the transactions.

Documentation must include but not limited to:

Contractor’s proper invoice.

Adequate supporting cost documentation, including source documentation as appropriate (i.e., receipts, logs, time sheets, payroll records, etc.) Monthly Status Report.

Q-

Attachment+1+- +PRLS+Unaccompanie d+Children+MA-

IDIQ+PWS

1.8.1 8 Are we permitted to propose additional labor categories for support staff to satisfy requirements associated with

The government does not prohibit additional labor categories at the base IDIQ level.

the requirement (such as contracts /TO manager, IT support staff, and etc.)

Q-

General Question N/A N/A Two weeks is a short time to respond to this Request for Proposal. Given the complexity and significance of the requirements outlined in the proposal, would it be possible for the government to extend the submission deadline by two weeks to allow for thorough preparation and a comprehensive response?