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ATTACHMENT 2: PERFORMANCE REQUIREMENTS SUMMARY (Surveillance Matrix) For Post Release Legal Services for Unaccompanied Children, Post Release from Office of Refugee Care (ORR) for DHHS/ACF/ORR - Quality Assurance Surveillance Plan (QASP)
| PWS Required Services (Tasks) |
| Performance Task Standards |
| Methods of Surveillance |
| Incentive/Dis-incentive |
| Acceptable Quality Levels |
| Needs assessment |
| Contractor shall deliver a needs assessment of immigration legal services needs for unaccompanied children in the covered region. The needs assessment must be updated on a biannual basis. |
| Direct observation of submission compliance. COR and SME review of PWS deliverable 1.5.1, initial plus biannual. |
| Positive/negative performance rating in CPARS |
| 99% |
| Immigration legal representation |
| Contractors will provide direct representation to unaccompanied children released from ORR custody. Contractors will provide representation before EOIR and USCIS, and in related immigration petitions. This includes areas falling under the jurisdiction of immigration judges, as defined in the Immigration Court Practice Manual, Chapter 1, Section 1.4 Jurisdiction and Authority, and in other areas where the unaccompanied child may seek adjustment of status allowing them to obtain temporary or permanent lawful status in the United States. Covered activities include adjustment of status based in U.S. law such as obtaining Special Immigrant Juvenile Status (SIJS), T and U T nonimmigrant statuses (T and U Visa), self-petitions under Violence Against Women Act (VAWA), deferred action, relief based on activities related to acting as a material witness, and other immigration-related forms of asylum and family-based petitions for which unaccompanied children may be eligible, as well as any appeals of immigration decisions. |
| Review of Monthly Report and data submitted through tracker/template. This includes random verification of representation via Form L-3 and retainer letters. Further, review of A#s of represented unaccompanied children, periodic inspections, random observations, and customer and stakeholder feedback and complaint follow up. |
| Positive/negative performance rating in CPARS |
| 99% |
| Know Your Rights Presentations |
| The Contractor shall provide Know Your Rights (KYR) presentations to eligible unaccompanied children in removal proceedings. KYR shall include information about the availability of free legal assistance and explain that children may be represented by counsel at no expense to the government. In addition, the KYR shall notify unaccompanied children of their legal rights and responsibilities, including protections under child labor laws, and of services to which they are entitled, including educational services. The presentations shall be delivered in the language of the unaccompanied children and in an age-appropriate manner. KYR shall be held at the immigration court, or if not possible, in the vicinity of the immigration court. KYRs shall be provided at each immigration court on a weekly basis. |
| Review of Monthly Report and data submitted through tracker/template. Review of KYR materials. Further, periodic inspections, random observations, and customer and stakeholder feedback and complaint follow up. |
| Positive/negative performance rating in CPARS |
| 99% |
| Pro Se Workshops |
| The Contractor shall provide pro se workshops to eligible unaccompanied children in removal proceedings, and for whom the Contractor does not have capacity to offer direct representation. Workshops shall provide information on the immigration system, including explanations on how to complete applications for affirmative asylum, Special Immigrant Juvenile Status, and work authorization. The presentation shall be delivered in the language of the unaccompanied child and in an age-appropriate manner. |
Contractor staff shall provide pro se workshops in coordination with the juvenile dockets in the assigned region. Pro se workshops shall be held in the vicinity of the immigration court or in other locations accessible for the population served. As least one pro se workshops shall be provided in the geographic jurisdiction of each assigned immigration court on a monthly basis.
| Review of Monthly Report and data submitted through tracker/template. Further, periodic inspections, random observations, and customer and stakeholder feedback and complaint follow up. |
| Positive/negative performance rating in CPARS |
| 99% |
| Assist in applying for work authorization for unaccompanied children, if applicable. |
| Contractors will provide direct representation and assistance to eligible unaccompanied children in applications for employment authorization. |
| Review of Monthly Report and data submitted through tracker/template. This includes random verification of representation via Form L-3 and retainer letters. Periodic inspections, and random observations, customer complaint follow up. |
| Positive/negative performance rating in CPARS |
| 99% |
| Direct legal services for unaccompanied children released from ORR in applications for custody and guardianship petitions before state courts |
| Contractors will provide direct representation to unaccompanied children released from ORR in state court in custody, guardianship, or equivalent petitions, if necessary for the child’s immigration case. Contractor may also provide direct representation to unaccompanied children in adoption proceedings, if necessary for the child’s immigration case. |
| Review of Monthly Report and data submitted through tracker/template. This includes random verification of representation via Form L-3 and retainer letters. Periodic inspections, and random observations, customer complaint follow up. |
| Positive/negative performance rating in CPARS |
| 99% |
| Oversee and coordinate qualified pro bono representation legal services for eligible unaccompanied children |
| The Contractor shall maximize the use of pro bono immigration legal services under this contract for unaccompanied children released from ORR custody and residing in the geographic jurisdiction of the assigned immigration courts, as appropriate to any given service or child. Contractor shall build and maintain a roster of attorney and non-attorney volunteers who can undertake legal services with the Contractor’s mentorship, as required, for any children or cases suitable for pro bono involvement. |
The Contractor shall screen and regularly update the screening of each volunteer to ensure they meet appropriate standards for undertaking activities under the contract. Contractor shall assess prospective pro bono attorneys’ skills, experience, availability, and interest in working with children. Contractor shall also confirm with state licensing authorities that any prospective pro bono attorney is licensed to practice law and in good standing with the bar of the relevant U.S. state and/or territory and that the attorney is not, and has not been, subject to any disciplinary matters that call into question one’s fitness to represent children in their immigration case.
| Direct observation of plan receipt. Review of Monthly Report and data submitted through tracker/template. Periodic inspections, and random observations, customer complaint follow up. |
| Positive/negative performance rating in CPARS |
| 99% |
| Organize and coordinate a referral process |
| The Contractor shall develop a process to allow ORR and ORR-funded programs to make referrals for legal services through this initiative for unaccompanied children residing in the geographic jurisdiction of immigration courts. This referral process should also be accessible to unaccompanied children, allowing them to request legal assistance. The contractor shall maintain and check a centralized email box and/or telephone number, to accept referrals for legal services. The contractor shall also share information on how to request legal assistance on a public facing platform, such as a webpage. The Contractor shall coordinate with ORR and other ORR-funded programs, including legal services, to avoid duplication of efforts. |
If the Contractor cannot accept a referral due to capacity, the Contractor shall maintain a waitlist and/or refer the unaccompanied child to another legal service provider.
| Direct observation of plan receipt. Periodic inspections, and random observations, customer complaint follow up. |
| Positive/negative performance rating in CPARS |
| 99% |
| Organize and coordinate an outreach program to identify eligible unaccompanied children and inform them about the opportunity for legal assistance under this initiative. |
| The Contractor shall develop and execute an outreach plan focused on identifying unaccompanied children scheduled on juvenile dockets, who are eligible for legal representation under this contract and not otherwise receiving covered legal services. The Contractor shall work with ORR, and other government agencies such as EOIR, and community-based groups, as appropriate, such as schools, service providers, religious institutions, etc., to help eligible unaccompanied children learn of the opportunity for legal representation under this effort; and to explain to unaccompanied children their legal rights and responsibilities, including their obligation to appear at their immigration hearing and how to update their address with the immigration court, if needed. The Contractor shall provide targeted outreach to individual children, if directed by ORR. The Contractor shall use innovative outreach and communication methods that are targeted toward the population and shall ensure that communication is in the languages spoken by unaccompanied children, written in plain language and age appropriate. The Contractor outreach shall focus on the geographic areas within the jurisdiction of assigned immigration courts. |
| Direct observation of plan receipt. Periodic inspections, and random observations, customer complaint follow up. |
| Positive/negative performance rating in CPARS |
| 99% |
| Provide and/or facilitate learning and development trainings and technical assistance on immigration and related issues |
| 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. Learning and development opportunities shall include trainings on immigration law, cultural responsiveness, and child-friendly and trauma-informed service provision, detecting, preventing, and responding to abuse, neglect, and trafficking, labor trafficking prevention, and other subjects relevant to representing unaccompanied children. The Contractor shall also develop tools to explain the immigration process and associated topics to distribute to their network and unaccompanied children, as relevant. Tools may include videos, quick reference guides and written materials. |
| Direct observation of plan receipt Review of Monthly Report and data submitted through tracker/template. Periodic inspections, and random observations, customer complaint follow up. Review of training materials. |
| Positive/negative performance rating in CPARS |
| 99% |
| Recruitment and retention |
| The Contractor shall develop a recruitment and retention program for immigration attorneys and other legal services staff to ensure adequate staffing to perform quality work for children under this contract. |
| Direct observation of plan receipt Periodic inspections, and random observations, customer complaint follow up |
| Positive/negative past-performance rating in CPARS |
| 99% |
| Reporting |
| Contractor will report on metrics identified in the PWS, enter info into a template, approved by the COR, within 30 days of case event. In addition, Contractor will provide monthly, biannual, and annual reports, as detailed in the PWS. |
| Direct observation of initial development, deployment and maintenance of data template/tracker to ensure adequate task/accomplishment reporting. Routine and ad hoc COR/Contractor communications regarding task status and standards. |
| Positive/negative past-performance rating in CPARS |
| 99% |
| Close out/transition plan |
| The Contractor shall develop a transition plan at Contract closeout and coordinate in the event of changes in Contractor to accommodate any pending immigration relief cases to ensure continuity of services. The transition-out plan shall facilitate the accomplishment of a seamless transition from the incumbent to the incoming Contractor at the expiration of the current Contract. The Contractor shall provide a transition-out plan no later than 120 calendar days prior to expiration of the current Contract for ORR/COR approval. The Contractor will have 60 days following the expiration of the current Contract to carry out tasks related to invoicing, reporting, and data closeout. |
| Review submitted transition plan no less than 120 days prior to anticipated contract completion, including termination if applicable. Periodic inspections, and random observations, customer complaint follow up. |
| Positive/negative past-performance rating in CPARS |
| 99% |
| Meetings, communication, and collaboration |
| Contractor will participate in monthly conference calls with ORR/COR to discuss work under contract and reporting metrics. |
| Direct observation. Routine and ad hoc COR/Contractor communications regarding task status and standards |
| Positive/negative past-performance rating in CPARS |
| Acceptable Quality Levels |
| Compliance with regulations, policies, and procedures |
| Legal service providers (LSPs) will adhere to ORR policies and procedures, applicable state licensing requirements, state and federal public health COVID-19 guidance; where such adherence conflicts with applicable laws, including ethics rules governing attorneys, Contractor and/or LSPs will identify the conflict and provide a plan to |
support ORR efforts to safeguard the welfare of children. LSPs will adhere to ORR policies and procedures and relevant state law regarding completion of background checks for all contract-funded staff and volunteers working with children in ORR custody.
Review of Monthly Report and data submitted through tracker/template. Routine and ad hoc COR/Contractor communications regarding task status and standards; as needed, submission of conflict identification and plan as described
| Positive/negative past-performance rating in CPARS |
| Acceptable Quality Levels |
Department of Health & Human Services
Administration for Children Families
GOVERNMENT CONTRACTING SERVICES
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