Amendment 15 - Attachment L Questions and Answers June 06 2026.pdf

Ques on

Ref # (If Provided)

Ques on Answer

1 Page Count Would the government please confirm that the cover/Ɵtle page is excluded from the 55 double-spaced page limit?

Yes. The cover/Ɵtle page is excluded from the 55 double-spaced page limit.

2 Page Count Would the government please confirm that resumes may be included in an appendix and are excluded from the 55 double-spaced page limit?

Confirmed, resumes may be included in an appendix and are excluded from the 55 double-spaced page limit.

3 Page Count Would the government please confirm that a compliance matrix to assist the government's review may be included as part of the table of contents and it will not count toward the 55 double-spaced page limit?

Yes. Offerors may include a compliance matrix to assist the Government's review.

Yes. The compliance matrix will not count toward the 55 double-spaced page limit and may be included as part of the table of contents or as a separate appendix.

4 SecƟon Title:

Representa Ɵon In- Court/Proc eedings

Will the government clarify the parameters it is using to define the scope of eligible unaccompanied children to whom this language, and the language in C.4.2.4.1.1 applies?

All of the requirements in C.4.2.4.1.1 apply to UAC in or released from ORR care to include UAC who have been released from ORR custody prior to the start of the contract so long as representaƟon was iniƟated prior to the UAC’s 18th birthday and prior to immigraƟon relief being granted.

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AƩendance

PWS

SecƟon:

C.4.2.4.1.6, pg 11

For example, are the mandatory requirements applicable to children in, or released from, ORR custody on or aŌer the start of the contract? Or do they also apply to children who have been released from ORR custody prior to the start of the contract?

5 SecƟon Title:

Representa Ɵon In- Court/Proc eedings AƩendance

PWS

SecƟon:

C.4.2.4.1.6, pg 11

Will the government ensure that docket informaƟon is provided to LSPs in advance of hearings so that LSPs may ensure a legal representaƟve is present at all hearings?

No. This is for the Contractor to coordinate with the relevant enƟƟes.

6 SecƟon Title:

Representa

To best ensure representaƟon can be provided for all UAC, will the government consider

No.

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Ɵon In- Court/Proc eedings AƩendance

PWS

SecƟon:

C.4.2.4.1.6, pg 11 implemenƟng a system whereby unrepresented children appearing in immigraƟon court are technically assigned legal representaƟon by the court, or whereby the court otherwise noƟfies LSPs (either directly or through the Contractor) when an unrepresented child appears who requires representaƟon?

7 SecƟon Title:

Representa Ɵon In- Court/Proc eedings AƩendance

PWS

SecƟon:

C.4.2.4.1.6, pg 11

8 U.S.C. 1229(b)(1) provides that a hearing date shall not be scheduled earlier than 10 days aŌer the service of the noƟce to appear, unless an earlier date is requested by the respondent. Will the government ensure there is sufficient Ɵme between issuance of an NTA and a child’s iniƟal hearing for noƟficaƟon to be provided so that an LSP may enter and appear on a case?

No. ORR does not control EOIR hearing scheduling pracƟces. Contractors are expected to structure service delivery and coordinaƟon pracƟces to meet the representaƟon requirements of the contract.

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Ques on Answer

8 SecƟon Title:

Representa Ɵon In- Court/Proc eedings AƩendance

PWS

SecƟon:

C.4.2.4.1.6, pg 11

To best ensure that representaƟon can be provided for all eligible children, will the government consider funding an AƩorney of the Day system that would allow for LSPs to be present and provide limited representaƟon at all dockets in which an unaccompanied child might appear?

No. Direct representaƟon must be provided in accordance with the terms and condiƟons of the contract.

9 SecƟon Title:

Representa Ɵon In- Court/Proc eedings AƩendance

PWS

SecƟon:

C.4.2.4.1.6, pg 11

The proposed contract does not fund representaƟon for all proceedings/forms of relief for which a child may be eligible.

Can the government clarify that the contract will fund representaƟon in proceedings pursuant to this secƟon even where it is not for a funded form of relief?

No. The representaƟons that are listed in the contract are the only forms of relief funded by the contract. Any other types of representaƟon can be handled pro bono. The Government is not considering updaƟng the pricing worksheet.

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If so, will the government update the pricing worksheet to reflect payment for required court appearances in such cases?

10 SecƟon Title:

Representa Ɵon In- Court/Proc eedings AƩendance

PWS

SecƟon:

C.4.2.4.1.6, pg 11

Can the government confirm this requirement does not apply to 1) children who have private counsel and 2) children who decline representaƟon by a qualified legal representaƟve?

Per C.4.2.4.1.6, “the Contractor shall ensure that a qualified legal representaƟve is present and has entered an appearance at all scheduled immigraƟon court proceedings and any other DHS-related proceedings for each UAC.” If either of the two circumstances in the quesƟon preclude the Contractor from providing representaƟon, the Contractor shall document the circumstances and noƟfy the COR. This would not be considered contractual non-conformance.

11 SecƟon Title:

ObjecƟves

PWS

SecƟon:

C.2, pg 1

45 CFR 410.1309(a)(4) lists examples of unaccompanied children who may require representaƟon but indicates that the list is not exhausƟve by noƟng “examples of direct immigraƟon legal

The Government confirms.

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Ques on Answer representaƟon include, but are not limited to,....”

QuesƟon: Can the government confirm that SecƟon C.2 does not limit which released unaccompanied children are eligible for legal representaƟon under the contract provided they are under 18 years of age prior to representaƟon commencing, such that all released unaccompanied children under the age of 18 are eligible for representaƟon under the contract?

12 SecƟon Title: Direct Legal Representa Ɵon;

Requireme nts for

Can the Government confirm that legal representaƟon is not subject to COR/ORR approval, despite the quoted provisions, specifically “on an as required basis” and “[s]ubject to ORR’s discreƟon”?

ORR confirms that direct legal representaƟon under Task IV is not subject to case-by-case COR or ORR approval prior to iniƟaƟon. SecƟons C.4.2.4 and C.4.2.4.1 states that the Contractor shall provide direct legal representaƟon consistent with 45 C.F.R. 410.1309(a)(4), “subject to ORR’s discreƟon, available appropriaƟons, and to the extent required by law.”

This language reflects ORR’s statutory authority and funding limitaƟons

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Ques on Answer

Direct Legal Representa Ɵon Services SolicitaƟon : C.3.4, and C.4.2.4.2, pgs 2 & 11

If legal representaƟon is subject to COR/ORR approval, can the Government:

1. Specify the criteria by which it will determine which children receive representaƟon approval in light of the PWS’s equitable distribuƟon requirement in SecƟon C.4.1.4 that “each eligible child receives professional and robust representaƟonal services to the greatest extent possible”?

2. Describe the process by which approval can be and does not establish an individual pre-approval process for representaƟon decisions.

The Contractor is responsible for exercising independent professional judgment in determining when to iniƟate representaƟon for eligible UAC, consistent with:

• the prioriƟzaƟon requirements in SecƟon C.4.2.4.1.2;

• the noƟce of representaƟon requirements in SecƟon C.4.2.4.1.3;

and

• the court appearance requirements in SecƟon C.4.2.4.1.6.

The equitable distribuƟon principle in SecƟon C.4.1.4.C requires the Contractor to promote access to legal services so that eligible children receive professional representaƟonal services “to the greatest extent possible” within the scope of the contract and available appropriaƟons.

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Ques on Answer sought and will be granted?

QuesƟon: Specify when a legal provider has discreƟon to iniƟate representaƟon for a child eligible for contract-funded representaƟon, in accordance with the PWS Sec.

C.4.2.4.1.3 Ɵming requirement and PWS Sec. C.4.2.4.1.6 aƩendance requirement, whether in or released from ORR custody?

13 SecƟon Title:

Referrals

PWS

SecƟon:

C.4.2.3.1.4.

B, pg 9

Can the government confirm that the stated language here means that referrals should be provided to aƩorneys who are competent to pursue legal relief in the release locaƟon, and not that the referral itself need specify a parƟcular form of legal relief as legal relief

The Government’s intent is that referrals consider both the idenƟfied form(s) of relief and the jurisdicƟon where the UAC resides, so that the receiving legal provider is posiƟoned to appropriately assess and pursue available legal opƟons.

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Ques on Answer determinaƟon should ulƟmately be made by the aƩorney of record pracƟcing in the jurisdicƟon where the case will take place?

14 SecƟon Title:

Eligibility for Direct Representa Ɵon

PWS

SecƟon:

C.4.2.4.1, pg 10

Can the government clarify how this mandatory language is meant to be understood in concert with the language in C.4.2.4.1.1 which includes reference to funded capacity as well as children “for whom other available assistance does not saƟsfy the legal needs of the individual UAC” both of which imply that representaƟon is not mandatory in all cases?

RepresentaƟon in court and USCIS hearings is mandatory for all eligible UAC under C.4.2.4.1.6..

C.4.2.4.1.1, which references 45 CFR 410.1309(a)(4), refers to a subset of category of children who are in immigraƟon proceedings and for whom other forms of relief are not available and may be seeking voluntary departure. ORR stresses that, per C.4.2.4.1.1, direct immigraƟon services is available to this subclass of children and has included this category in order to emphasize that.

15 SecƟon Title: Data CollecƟon, Analysis, and ReporƟng;

Can the government confirm that ORR will not seek to audit or review the Contractor’s documentaƟon of legal services provided in a manner that violates aƩorney ethics or

Confirmed.

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Ques on Answer

Data Performanc e Requireme nts

PWS

SecƟon:

C.3.6;

C.4.2.6.1.C, pgs 2, 20 confidenƟality requirements, for example by seeking access to documentaƟon that would reveal confidenƟal informaƟon about an individual client?

16 SecƟon Title:

Deliverable s Schedule and Performanc e Requireme nt Summary:

Direct Legal Representa Ɵon Services;

The Deliverables Table (AƩachment J), the PWS “Scope” descripƟon of data reporƟng (PWS, C.3), and the PWS Data Categories, Metrics, Analysis, and ReporƟng Requirements (PWS C.4.2.6.4) list or reference data points on direct representaƟon that, if provided to the government at the child level and idenƟfiable with respect to an individual child, would include informaƟon that is confidenƟal

We confirm that the prior answers are sƟll valid.

Where child-level informaƟon that may be confidenƟal or privileged is required to be reported, contractor is to uƟlize the A# for that UAC.

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Ques on Answer

Scope:

Data CollecƟon, Analysis, and ReporƟng;

Data Categories, Metrics, Analysis, and ReporƟng Requireme nts; 3) Direct Legal Representa Ɵon Metrics SecƟon:

AƩachmen t J; PWS, C.3; PWS, C.4.2.6.4, pgs 2 & 22 or subject to aƩorney-client privilege.

In ORR’s response to prior quesƟons for this RFP (QA- 75P00126R00003(12.09.2025) (Amd 0003)), ORR confirmed that:

• “Meta data that is deidenƟfied can be used to provide this informaƟon for instance” (in reference to confidenƟal or privileged informaƟon;

QuesƟon 84).

• “The Government does not require access to legal service provider databases or systems that contain confidenƟal communicaƟons or informaƟon that is

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Ques on Answer protected by aƩorney-client privilege” (QuesƟon 102).

QuesƟons:

Can the government confirm that its answers to the prior QuesƟons 84 and 102 sƟll hold?

Where child-level informaƟon that may be confidenƟal or privileged is required to be reported, can such informaƟon be provided through idenƟfiers that preserve a child’s anonymity?

17 SecƟon Title:

InformaƟo n Security Requireme nts

All language related to government access to or ownership of data, including “7.

Data Portability” and “11.

Government Ownership of Data.” Can the

Yes.

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Ques on Answer

SolicitaƟon SecƟon:

H.12, pgs 20-34 government confirm that all provisions in H.12 that would provide the government with access to or ownership of data collected under the contract will be applied in accordance with aƩorney-client privilege and aƩorney ethics?

18 SecƟon Title:

Records Manageme nt SolicitaƟon SecƟon:

H.14, pgs 38-44

Can the government confirm that all records management provisions will be applied in accordance with aƩorney-client privilege and aƩorney ethics?

Yes

19 SecƟon Title:

Performanc e; Task I, TransiƟon In

PWS

Can the government confirm that the contract does not require the transmission of confidenƟal or aƩorney-client privileged informaƟon to the COR or to the government, but rather transmission of

Yes

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Ques on Answer

SecƟon:

C.4.2.1.2, pg 4 necessary case details to the new aƩorneys of record?

20 SecƟon Title: Legal ConsultaƟo n Metrics

PWS

SecƟon:

C.4.2.4.6, pgs 22-23

The Contractor shall report to the ORR COR the following informaƟon related to delivery of legal consultaƟons:

6. Client informaƟon regarding outcome of legal consultaƟon (e.g. number of UAC and outcome of consultaƟon)

QuesƟon: Outcomes of legal consultaƟons are subject to confidenƟality and privilege and may not be disclosed to third parƟes without explicit consent. Can the government confirm that it is not requiring disclosure of any confidenƟal or

The Government is not requiring disclosure of any confidenƟal or privileged informaƟon. Edited the PWS to remove C.4.2.4.6 B. 6 referenced in the quesƟon.

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Ques on Answer privileged informaƟon from legal consultaƟons?

21 SecƟon Title:

Backgroun d InvesƟgaƟo n and Suitability Determinat ions SolicitaƟon SecƟon:

H.9.i, pg 20

i. PosiƟon SensiƟvity DesignaƟons

1. Background InvesƟgaƟon Requirement: All contractor (and any subcontractor) employees shall obtain a background invesƟgaƟon commensurate with their posiƟon sensiƟvity designaƟon that complies with Parts 1400 and 731 of Title 5, Code of Federal RegulaƟons (CFR).

2. PosiƟon SensiƟvity Level:

The following posiƟon sensiƟvity designaƟon levels apply to this contract: Tier 2, Non-sensiƟve Public Trust (Moderate Risk)

All contractor and subcontractor personnel must have a Tier 2 suitability determinaƟon.

To clarify, the Government edited H.9 h. 2. iii to remove this sentence:

“For purposes of this contract, a background checks required for individuals that will have direct access to children will saƟsfy the suitability determinaƟon requirement.”

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QuesƟon: Can the government confirm which contractor and subcontractor employees, if any, will be subject to Tier 2 clearances?

22 SecƟon Title: Pro Bono AƩorney Screening and Supervision Minimum Requireme nts

PWS

SecƟon:

C.4.2.5.2, pg 19

Before a pro bono aƩorney on the Contractor’s roster provides any legal services to a UAC, and no less than annually following award, the Contractor shall confirm with state licensing authoriƟes that the pro bono aƩorney is [...]

3. Compliant with the requirements included in SecƟon H.9 of the contract.

QuesƟon: SecƟon H.9 includes a Tier 2 posiƟon sensiƟvity designaƟon. Can the government confirm whether

Yes. See also answer to 21.

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Ques on Answer pro bono personnel performing contract services are subject to the Tier 2 background check requirement?

23 SecƟon Title:

TransiƟon- In SecƟon:

Pricing Template and PWS C.3, pg 2

In accordance with PWS SecƟon C.4.2.1, Task I (TransiƟon-In), the Contractor must assume responsibility for up to approximately 24,000 acƟve cases transiƟoning from the incumbent contract. These cases were funded under a Ɵme-and-materials structure and will oŌen include parƟally completed services, ongoing representaƟon, or remaining work that does not correspond to discrete firm-fixed unit price items in the Pricing Worksheet.

While offerors may price newly iniƟated cases to account for risk across service stages, there

The Government is not contemplaƟng separate transiƟon-in pricing, reconciliaƟon payments, or alternaƟve compensaƟon mechanisms. All compensaƟon for transiƟoned cases shall be executed via the Firm-Fixed Unit Price (FFUP) line items established in the Pricing Worksheet.

The Government has injected esƟmated case-type and service-stage volumes directly into the Pricing Worksheet Base Year. Upon contract award and subsequent case handoff, the Awardee shall assess each eligible incoming case. The Awardee will then noƟfy ORR of the validated case type and current performance stage. All subsequent invoicing will reflect the FFUP agreed to in the contract for that specific stage.

Direct legal services performed by the incumbent that are not explicitly covered under PWS Task IV, as well as cases handled strictly on a pro bono basis, shall not transfer to the incoming contractor.

The Government has updated PWS SecƟon C.4.2.1 and SecƟon L/M of the solicitaƟon to formally define this intake, alignment, and risk-allocaƟon framework. Offerors must propose pricing in strict accordance with the updated Pricing Worksheet.

Ref # (If Provided)

Ques on Answer is no comparable mechanism to price transiƟon cases fairly or consistently under the proposed structure.

QuesƟon: Can the Government please clarify how it intends to compensate pending and ongoing work on transiƟoned cases that is not otherwise addressed by the Pricing Worksheet, including whether any separate transiƟon in pricing, reconciliaƟon mechanism, or alternaƟve approach is contemplated?

24 SecƟon Title:

Funding Constraints and Resource Manageme

The Contractor: …

D. Is prohibited from using contract funds for any form of liƟgaƟon against the

If a waiver is requested and approved, to establish both pricing and a contractual mechanism, a modificaƟon is anƟcipated.

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Ques on Answer nt PWS SecƟon:

C.4.2.4.1.4.

D & E, pg

U.S. Government unless a specific waiver is requested and granted by the

COR.

A. Is prohibited from using contract funds for any non-immigraƟon-related UAC legal maƩers unless a specific waiver is requested and granted by the

COR.

QuesƟon: The PWS indicates that there may be situaƟons where the COR may authorize the use of contract funds for non-immigraƟon related UAC legal maƩers or liƟgaƟon against the U.S. Government. In

Ref # (If Provided)

Ques on Answer such situaƟons, how would the Contractor be reimbursed for such work as those situaƟons are not included on the Pricing Worksheet?

25 SecƟon Title:

Requireme nts for Direct Legal Representa Ɵon Services

PWS

SecƟon:

C.4.2.4.2, pg 11

If at any point any of the evidence required to demonstrate compleƟon of a legal service category cannot be provided due to factors outside the contractor’s control, and where the contractor has performed ethically and legally necessary representaƟon work, will the government confirm that the contractor may invoice and will be compensated for such work?

Based on the services delivered and the evidence required, sufficient evidence is anƟcipated. For all final phases, the final ruling/decision is the required evidence. For those representaƟons with addiƟonal phases, each phase has a specific filing that is to be provided as evidence.

26 SecƟon Title:

Requireme nts for Direct Legal Representa

The PWS condiƟons all payments for representaƟon services upon aƩorneys idenƟfying their clients, idenƟfying the specific form of relief they are seeking, and

ORR is not requesƟng privileged or confidenƟal data as part of this contract.

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Ques on Answer

Ɵon Services

PWS

SecƟon:

C.4.2.4.2, pg 11 sharing legal documents from their cases. The ABA’s Model Rules 1.8(f) and 5.4(c) make it clear that aƩorneys may not permit a funder to interfere with the lawyer’s independent professional judgment in rendering legal services. In addiƟon, Model Rule 1.6 requires that a client’s informed consent be obtained in order to share informaƟon and Rule 1.14 further specifies safeguards aƩorneys must erect against influence by third parƟes in the context of represenƟng clients, such as children, with decision-making limitaƟons. Federal law mandates qualified and independent legal counsel be available to represent the interests of unaccompanied

Ref # (If Provided)

Ques on Answer children.” (6 U.S.C. § 279(b)(1)(A)).

B) By tying payment for services rendered to specific filings, this pricing model risks violaƟng aƩorney ethics in that the aƩorney may be seen to be following the direcƟon or regulaƟon of a funder in rendering legal services, including in determining whether to file parƟcular documents and whether to pursue a child client’s consent for a disclosure of confidenƟal informaƟon. May the government consider another pricing model, such as Ɵme and

Ref # (If Provided)

Ques on Answer materials, where labor is reimbursed independent of legal strategy, procedural posture or outcome?

QuesƟon: These requirements mandate the producƟon of privileged and confidenƟal informaƟon, which can only be legally done with the informed consent of the client. In some cases, such as where children are of tender age or of limited decision-making capacity, seeking to obtain consent will not be a viable opƟon. In all cases, the Contractor cannot control whether individual clients will consent to such disclosure or later withdraw consent. Can the government modify these requirements such that redacted data can be

Ref # (If Provided)

Ques on Answer provided as evidence of service compleƟon instead of privileged informaƟon?

27 SecƟon Title:

Requireme nts for Direct Legal Representa Ɵon Services

PWS

SecƟon:

C.4.2.4.2, pg 11

All billing elements outlined in the PWS that include a decision or noƟce from USCIS or any other adjudicaƟve body condiƟon payment on a factor outside the contractor’s control. AddiƟonally, such decisions may not be received unƟl years aŌer legal services have been rendered, which poses an unreasonable risk to the contractor. Work properly performed under the contract will not be paid Ɵmely, or at all, and the contractor may be eligible for addiƟonal payments years aŌer each contract period closes.

No. The Government will not redefine the evidence required for payment, will not condiƟon payment on the total number of noƟces or receipts received at the end of a contract period, and will not authorize payment for work at the end of each contract year independent of whether a qualifying decision or noƟce has been received.

With respect to Ɵming risk, ORR concurs that cases may, in some instances, take substanƟal amounts of Ɵme unƟl they are fully concluded and the Offeror is responsible for pricing each phase of work accordingly.

For those Price Items that permit more than one payment event, the Contractor has the opportunity to structure its pricing across mulƟple phases to account for the Ɵming of adjudicaƟve outcomes. The Government will not assume responsibility for delays aƩributable to adjudicaƟve bodies, nor will it modify payment terms to shiŌ that risk to the Government.

ORR also notes that it will pay the contractor separately for legal orientaƟons and legal consultaƟons as required under different porƟons of the PWS and emphasizes that proposals can be priced accordingly based on the certainty of the required provision of these services.

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Ques on Answer

A. Would the Government consider condiƟoning payment at the end of the contract period, based on the final number of noƟces and/or receipts as required per Price Item received over each anƟcipated contract period (i.e., Base Period, OpƟon Period 1, OpƟon Period 2, OpƟon Period 3, OpƟon Period 4, and 52.217-8)?

B. Will the government re-define the evidence required for payment such that it is not condiƟoned on contractor receipt of a decision or noƟce?

Offerors are advised to price their proposals with full awareness of these payment condiƟons and to account for Ɵming variability in their cost and pricing assumpƟons.

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Ques on Answer

QuesƟon: If the government declines to re-define the evidence required for payment, will it consider paying for work at the end of each contract year regardless of whether a decision has been received?

28 SecƟon Title: SIJS Case Assessmen t and State Juvenile Court Proceeding Minimum Requireme nts

PWS

SecƟon:

C.4.2.4.2.8.

[Evidence for compleƟon includes:] The G-28, NoƟce of Entry of Appearance as AƩorney or Accredited RepresentaƟve (G-28) which shall be fully and accurately completed and executed including the specific maƩer in Part 3.

QuesƟon: The iniƟal case assessment and state juvenile court proceeding phase of SIJS representaƟon does not require representaƟon before DHS and

This language moved from 8. A.3.to *. 8. B. 2:

The G-28, NoƟce of Entry of Appearance as AƩorney or Accredited RepresentaƟve (G-28) which shall be fully and accurately completed and executed including the specific maƩer in Part 3.

Ref # (If Provided)

Ques on Answer

A.3.a, pg therefore does not require a G- 28 to be filed. Can the government please remove this requirement from the list of evidence of compleƟon for this service?

29 SecƟon Title: Task II: Conduct Legal OrientaƟon s [Pricing Worksheet Item 1 [Firm Fixed Unit Price];

Task III:

Conduct Legal ConsultaƟo ns (Pricing Worksheet Item 2) [Firm Fixed

C.4.2.2: The Contractor shall conduct legal orientaƟons for 100% of UAC in ORR custody...

C.4.2.3: The Contractor shall provide confidenƟal legal consultaƟons to 100% of UAC in ORR custody...

QuesƟon: Can the government confirm that circumstances such as acƟve representaƟon by private counsel, a child’s refusal of services, or a child’s departure from ORR custody before service delivery

The Contractor may invoice and be paid for legal orientaƟons performed in accordance with C.4.2.2 and legal consultaƟons performed in accordance with C.4.2.3. The Contractor shall not invoice for services not performed. The Government will not hold the Contractor contractually accountable to perform those services for UAC released from ORR custody if the release occurred within 10 days of the Contractor’s noƟficaƟon in accordance with PWS SecƟons C.4.2.2.1 and C4.2.3.1.

For legal orientaƟons, ORR may consider other specific circumstances as extenuaƟng circumstances but will evaluate those scenarios on a case-by-case basis. ORR will typically sƟll require legal orientaƟons for 100% of UAC in care even if they have private counsel or preliminarily decline the orientaƟon.

For legal consultaƟons, if the UAC already has an aƩorney the Contractor shall document the circumstances and noƟfy the COR. This would not be considered contractual non-conformance. ORR may consider other specific circumstances as extenuaƟng circumstance but will also evaluate those scenarios on a case-by-case basis.

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Ques on Answer

Unit Price]

PWS

SecƟon:

C.4.2.2 and C.4.2.3, pgs 5 & 7 consƟtute extenuaƟng circumstances and that services not delivered in such circumstances will be treated as compliant for performance monitoring and payment purposes?

30 SecƟon Title: Legal OrientaƟon Method and Seƫngs Minimum Requireme nts;

Material Developme nt and Modality of Delivery Requireme nts

PWS

C.4.2.2.1.2: The Contractor shall develop the audiovisual tools necessary to provide legal orientaƟons to UAC (e.g., recorded videos, online content) and submit to the COR for approval within 30 calendar days of contract award.

C.4.2.2.1.4.A: The Contractor shall, at a minimum, develop and maintain legally accurate and developmentally appropriate orientaƟon materials, including scripts

The Government confirms.

Ref # (If Provided)

Ques on Answer

SecƟon:

C.4.2.2.1.2 and C.4.2.2.1(4)

(A) and (4)(C), pgs 5 & 7

(standardized presentaƟon text) and wriƩen handouts.

C.4.2.2.1(4)(C): The Contractor shall ensure all orientaƟon and supplemental material is consistent with aƩorney-ethics rules and includes jurisdicƟon-specific content.

QuesƟon: Can the Government confirm that the COR’s approval process will comport with professional rules governing aƩorneys (see, for example, ABA Model Rule 5.4(c)) that prohibit them from permiƫng a funder to direct or regulate the lawyer’s professional judgment in rendering legal services?

Ref # (If Provided)

Ques on Answer

31 SecƟon Title:

Requireme nts for ConducƟng Legal ConsultaƟo ns

PWS

SecƟon:

C.4.2.3.1, pg 8

A legal consultaƟon session is defined as a discrete interacƟon with one individual UAC which is conducted only to assess potenƟal forms of relief from removal and other case disposiƟon opƟons in accordance with 45 C.F.R.

410.1309(a)(2).

QuesƟon: The legal consultaƟon service, including especially the provision of an individualized assessment, must be carried out in a developmentally appropriate manner, consistent with PWS SecƟon C.4.1.4, over the course of potenƟally several meeƟngs, especially where legal research might be required.

Accept as allowed by C.4.2.3.1, 3. D. 1-4, the Contractor shall not invoice or be paid for more than one consultaƟon per UAC, this includes for mulƟple sessions.

Ref # (If Provided)

Ques on Answer

Where a single legal consultaƟon requires mulƟple sessions to be completed in a developmentally appropriate manner, can the government confirm whether mulƟple sessions may be invoiced when necessary to complete one required legal consultaƟon service?

32 SecƟon Title:

Requireme nts for ConducƟng Legal ConsultaƟo ns

PWS

SecƟon:

C.4.2.3.1, pg 8

The Contractor shall noƟfy the COR of all scheduled legal consultaƟons to include the date and Ɵme and any changes to the legal orientaƟon schedule.

QuesƟon: May the Government clarify whether this language is intended to require that the Contractor noƟfy the COR of the date and Ɵme of each individualized legal consultaƟon

Language in PWS C.4.2.2.1 and C.4.2.3.1 revised to require reporƟng to the COR scheduled consultaƟons “if requested”.

Ref # (If Provided)

Ques on Answer session as it is scheduled and potenƟally rescheduled (a significant administraƟve burden in providing and reviewing approximately 4500 sessions) in advance of providing each service OR is meant to require that the Contractor share with the COR the typical schedules for consultaƟons (e.g., Monday and Wednesday aŌernoons)?

33 L.3 Proposal Due Date

Given the upcoming Memorial Day holiday weekend, would the Government consider extending the proposal submission deadline by two weeks to provide offerors sufficient Ɵme to fully address and comply with the proposal requirements?

See date in current amendment for response.

34 SecƟon B – Pricing Schedule

The Base Period quanƟƟes for several services (including SIJS, asylum, and others) are

The higher Base Period quanƟƟes are intended to idenƟfy the maximum acƟve cases that may transiƟon to the successor contractor at contract

Ref # (If Provided)

Ques on Answer

(FFUP

CLINs) approximately 2–3 Ɵmes the opƟon-period quanƟƟes. Is this Government esƟmate intended to absorb the acƟve-case backlog being transiƟoned in at award, or does it reflect an expectaƟon that referrals will materially decline in opƟon years 2 through 5?

award. They are not intended to reflect an expectaƟon that referral volumes will materially decline during the opƟon periods.

35 SecƟon B – Pricing Schedule

(FFUP

CLINs)

If the answer to the quesƟon above is that the incumbent is expected to absorb the acƟve-case backlog being transiƟoned by the prior awardee, is the Government willing to consider obligaƟng the former awardee (via their subcontractors) resources to handle and transiƟon legacy cases to conclusion before compleƟng their contract terms, allowing the new awardee a point-forward only case docket?

No. The Government is not considering obligaƟng the incumbent contractor or its subcontractors to conƟnue performing direct legal services under Task IV beyond the expiraƟon of the incumbent contract for the purpose of compleƟng ongoing cases prior to transiƟon. AcƟve cases covered under this contract will transiƟon to the successor contractor in accordance with the solicitaƟon requirements. Cases involving services outside the scope of this contract or performed on a pro bono basis will not transiƟon under this contract.

Ref # (If Provided)

Ques on Answer

(In consideraƟon of aƩorney/client privilege, as well as the legal rules of professional conduct, the new awardee would be assuming cases where legal advice may have been given, and benefit applicaƟons filed, that they would not have advised or filed themselves. Asking new aƩorneys to conƟnue with applicaƟons that they believe the applicant may not be eligible for would be a violaƟon of the legal rules of professional conduct.

AddiƟonally, if the new awardee takes the posiƟon that the client was given bad legal advice, or filed frivolous applicaƟons, the new awardee would be obligated in the best interest of the client to

Ref # (If Provided)

Ques on Answer preserve the client’s claim that their former aƩorneys provided them with incorrect legal advice or filed a frivolous applicaƟon on their behalf, thereby adding an addiƟonal burden, resources, and work, to the new awardees ability to efficiently handle legacy cases).

36 SecƟon B, Item 2 (Legal ConsultaƟo n)

The predecessor program is understood to have served approximately 26,000 unaccompanied children annually through roughly 100 LSPs. The Base Period quanƟty for Legal ConsultaƟon (Item 2) is 4,500 — approximately one-sixth of historical volume. Is the Government expecƟng a smaller eligible populaƟon, or are the listed quanƟƟes intended as floors with actual draws expected to exceed them?

The pricing sheet quanƟty of consultaƟons during the base year are based on esƟmates of the number of UAC that will require consultaƟons.

Ref # (If Provided)

Ques on Answer

37 SecƟon B – Pricing Schedule InstrucƟon s

The Pricing Schedule InstrucƟons state that unit prices must include filing fees.

USCIS adjusted its fee schedule in 2024, and addiƟonal fee acƟons (including a proposed fee for I-589 asylum applicaƟons) have been under consideraƟon. Will the Government provide an equitable adjustment to unit prices if USCIS fee schedules change materially during performance, or is this cost risk allocated enƟrely to the contractor?

The unit prices shall include all applicable USCIS filing fees in effect at the Ɵme of proposal submission. If USCIS changes its filing fee schedule during contract performance, the Government will modify the contract, as appropriate, to reflect the revised filing fees applicable to the affected services upon verificaƟon of the fee change.

38 SecƟon B, Item 17 (TransiƟon- In)

For Item 17 (TransiƟon-In), what is the expected case volume to be transiƟoned in at award, and what level of cooperaƟon should offerors anƟcipate from the incumbent contractor during the transiƟon period? Will the Government

The current case load to transiƟon is expected not to exceed 24,000.

The Government expects the incumbent contractor to cooperate in transiƟon acƟviƟes consistent with the requirements of the incumbent contract, including transfer of eligible case informaƟon necessary to support conƟnuity of services.

Ref # (If Provided)

Ques on Answer direct the incumbent to provide structured case-file handoff and warm introducƟons to acƟve LSPs?

39 SecƟon M

– Price EvaluaƟon

SecƟon M states that price will be evaluated for reasonableness. What is the comparator basis for this evaluaƟon — an Independent Government Cost EsƟmate, historical predecessor pricing, market research, or another reference point?

Price will be evaluated for reasonableness in accordance with the solicitaƟon. The Government may use any one or a combinaƟon of the cost or price analysis techniques and procedures permiƩed under RFO FAR 15.404, as appropriate, to determine whether proposed prices are fair and reasonable. The Government is not limited to any single comparator and is not obligated to disclose the specific technique or combinaƟon of techniques used in its price reasonableness determinaƟon.

40 In the event that legal service providers willing to engage in pro bono representaƟon diminish, does the contract allow for direct representaƟon when all aƩempts at securing pro bono representaƟon have been exhausted?

No. Offeror is to propose the amount of pro bono services, and it is their responsibility to meet that percentage.

41 To what extent does this contract allow for social and

This contract does not allow social or medical services.

Ref # (If Provided)

Ques on Answer medical services to unaccompanied minors who may be idenƟfied as vicƟms or at risk youth of criminality?