Amendment 15 - RFP UAC Legal Services.pdf

Legal Services for Unaccompanied Alien Children (UAC): 75P00126R00003 (Amendment 0015)

Part I The Schedule

SecƟon A SolicitaƟon/Contract Form.

A.1 Form

Please refer to aƩached SF-1449 for reference [a parƟally completed copy will be sent to the successful offeror for review and signature prior to award].

A.2 Table of Contents

SecƟon Name Part I – The Schedule

A SolicitaƟon / Contract Form B Services and Price C Performance Work Statement (PWS) D Packaging and Marking E InspecƟon and Acceptance F Deliveries or Performance G Contract Administration Data H Special Contract Requirements

Part II – Contract Clauses I Contract Clauses

Part III – List of AƩachments J List of AƩachments

Part IV - RepresentaƟons and InstrucƟons K RepresentaƟons, CerƟficaƟons, and Other Statements of Offerorsh.9 L InstrucƟons, CondiƟons, and NoƟces to Offerors or Respondents M EvaluaƟon Factors for Award

(End SecƟon A)

SecƟon B Supplies or Services and Prices/Costs

B. 1 SolicitaƟon DescripƟon

The purpose of this acquisiƟon is to obtain comprehensive legal services for Unaccompanied Alien Children (UAC) who are currently in, or have been released from, the care of the Office of Refugee ReseƩlement (ORR). These services are essenƟal to support the legal needs of this vulnerable populaƟon in accordance with federal mandates.

This combined synopsis/solicitaƟon is a Request for Proposals (RFP), prepared in accordance with Federal AcquisiƟon RegulaƟon (FAR) Part 12 and 15 procedures. This announcement consƟtutes the only solicitaƟon. Offers are being requested and a separate wriƩen solicitaƟon will not be issued. This acquisiƟon is performed as a full and open compeƟƟon.

This solicitaƟon incorporates provisions and clauses by reference. Except as specified otherwise, the full text of provisions and clauses may be accessed electronically at:

• hƩps://www.acquisiƟon.gov/far-overhaul/far-part-deviaƟon-guide

• hƩps://www.acquisiƟon.gov/hhsar

The solicitaƟon document and incorporated provisions and clauses are those in effect through Federal AcquisiƟon Circular (FAC) 2026-01, effecƟve March 13, 2026.

This Amendment 0015 is a conforming amendment that supersedes all prior versions of the solicitaƟon and amendments.

B.2 Contract Type

As a result of this solicitaƟon, the Government intends to award a single hybrid-type contract, with the preponderance of services (direct legal representaƟon) to be performed on a firm-fixed unit price (FFUP) basis. The resultant award will also include firm-fixed price (FFP) Contract Line- Item Numbers (CLINs) for specified tasks and Ɵme-and-materials (T&M) CLINs for the reimbursement of approved travel conducted under this contract. The anƟcipated contract period of performance includes a base period of one (1) year, four (4) one-year opƟon periods, and an opƟon(s) in accordance with Federal AcquisiƟon RegulaƟon (FAR) 52.217-8. The total potenƟal period of performance, should all opƟons be exercised, is five (5) years and six (6) months.

B.3 Contract Pricing

B.3.1 Contract Pricing (Firm Fixed Unit Price) [CLINs 1, 7, 12, 17, 22 and 28]

For the direct legal representaƟon services required under this contract, the Government contemplates a “fee for service” model under which the contractor shall provide a firm fixed unit price for each legal service (Pricing Worksheet, Items 1-13), provided on an as-required basis throughout performance.

Firm fixed unit prices will be established at the Ɵme of award based upon the successful offeror’s proposed firm fixed unit prices, and the corresponding unit price(s) specified in the Pricing Worksheet / Price List for Items 1-13 will be paid in accordance with terms and condiƟons of the contract following compleƟon and inspecƟon/acceptance of the associated services/deliverable(s) (see SecƟon(s) C.4.2.2., C.4.2.3, C.4.2.4, and SecƟon F.4)

B.3.2 Contract Pricing (Firm Fixed Price) [CLINs 2, 3, 4, 5, 8, 9, 10, 13, 14, 15, 18, 19, 20, 23, 24, 25, 26, 29, 30, and 31]

Under this contract, the contractor shall provide the Government with Annual Legal Service Provider (LSP) Network Management and Annual Data CollecƟon, Transfer System / Interface services, TransiƟon In, TransiƟon Out, as well as Other Annual Requirements on a firm fixed price basis. Firm fixed prices will be established at the Ɵme of award based upon the successful offeror’s proposed firm fixed price for each service.

Following successful compeƟƟon and inspecƟon/acceptance of the associated services/deliverable(s), the Government will pay the corresponding firm-fixed prices in accordance with the terms and condiƟons of the contract (to be specified upon award- See L.6.3 #3).

B.3.3 Contract Pricing (Time & Materials)

B.3.3.1 Travel [CLINs 6, 11, 16, 21, 27, and 32]

Under this contract, the contractor shall be reimbursed for approved travel conducted directly in the performance of the services described in SecƟon C. Incurrence and reimbursement of costs related to travel shall be consistent with the requirements set forth in SecƟon G.4.

B.4 Ceiling Price(s)

B.4.1 Ceiling Price (Firm Fixed Unit Price) [CLINs 1, 7, 12, 17, 22 and 28]

The quanƟƟes provided in AƩachment A-Pricing Worksheet UAC Legal Services are esƟmates only provided for purposes of budgeƟng and evaluaƟon of offers and will be the basis of creaƟng a total ceiling price for firm fixed unit prices (encompassing Price Worksheet / Price List Items 1-13) performed under this contract. Offerors are cauƟoned that specific quanƟƟes of services required under this contract may vary throughout performance. However, the Contractor shall not be obligated to conƟnue performance, nor the Government be obligated to pay any amount in excess of the established ceiling price.

B.4.2 Ceiling Prices (Time & Materials)

B.4.2.1 Travel

The not-to-exceed (NTE) ceiling price for travel for each period of performance is provided by the Government in AƩachment A- Pricing Worksheet UAC Legal Services and below in secƟon B.5, which shall only be changed by a signed modificaƟon to the contract.

B.5 Contract Line-Item Number (CLIN) Structure

CLIN #

and Type

DescripƟon of Service Price

1 - FFUP Base Period: Unaccompanied Alien Children (UAC) Legal Services - Not to Exceed Ceiling Amount

2 - FFP Base Period: Annual LSP Network Management 3 - FFP Base Period: Annual Data CollecƟon and Transfer System /

Interface

4 - FFP Base Period: Other Annual Requirements 5 - FFP Base Period: TransiƟon In 6 - T&M Base Period: Travel: Not to Exceed Ceiling Amount $216,000.00

Base Period: Maximum PotenƟal Total Value

7 - FFUP OpƟon Period 1: Unaccompanied Alien Children (UAC) Legal

8 - FFP OpƟon Period 1: Annual LSP Network Management 9 - FFP OpƟon Period 1: Annual Data CollecƟon and Transfer

System / Interface

10 - FFP OpƟon Period 1: Other Annual Requirements 11 -T&M OpƟon Period 1: Travel: Not to Exceed Ceiling Amount $216,000.00

OpƟon Period 1: Maximum PotenƟal Total Value 12 - FFUP OpƟon Period 2: Unaccompanied Alien Children (UAC) Legal

13 - FFP OpƟon Period 2: Annual LSP Network Management 14 - FFP OpƟon Period 2: Annual Data CollecƟon and Transfer

15 - FFP OpƟon Period 2: Other Annual Requirements 16 -T&M OpƟon Period 2: Travel: Not to Exceed Ceiling Amount $216,000.00

OpƟon Period 2: Maximum PotenƟal Total Value

17 - FFUP OpƟon Period 3: Unaccompanied Alien Children (UAC) Legal

18 - FFP OpƟon Period 3: Annual LSP Network Management

CLIN #

and Type

DescripƟon of Service Price

19 - FFP OpƟon Period 3: Annual Data CollecƟon and Transfer

20 - FFP OpƟon Period 3: Other Annual Requirements 21 - T&M OpƟon Period 3: Travel: Not to Exceed Ceiling Amount $216,000.00

OpƟon Period 3: Maximum PotenƟal Total Value 22 - FFUP OpƟon Period 4: Unaccompanied Alien Children (UAC) Legal

23 - FFP OpƟon Period 4: Annual LSP Network Management 24 - FFP OpƟon Period 4: Annual Data CollecƟon and Transfer

25 - FFP OpƟon Period 4: Other Annual Requirements 26 - FFP OpƟon Period 4: TransiƟon Out 27 - T&M OpƟon Period 4: Travel: Not to Exceed Ceiling Amount $216,000.00

OpƟon Period 4: Maximum PotenƟal Total Value

28 - FFUP FAR 52.217-8 Extension: Unaccompanied Alien Children (UAC) Legal Services - Not to Exceed Ceiling Amount

29 - FFP FAR 52.217-8 Extension: Annual LSP Network Management 30 - FFP FAR 52.217-8 Extension: Annual Data CollecƟon and

Transfer System / Interface

31 - FFP FAR 52.217-8 Extension: Other Requirements 32 - T&M FAR 52.217-8 Extension: Travel: Not to Exceed Ceiling

Amount $108,000.00

FAR 52.217-8 Extension: Maximum Total PotenƟal Value

Total Maximum PotenƟal Contract Value

(End SecƟon B)

SecƟon C Performance Work Statement (PWS).

Please refer to AƩachment B - Performance Work Statement (PWS) UAC Legal Services

(End SecƟon C)

SecƟon D Package and Marking.

All deliverables required to be submiƩed in the performance of this contract shall be submiƩed electronically via secure means to the ContracƟng Officer’s RepresentaƟve (COR).

D.1 Government Furnished Equipment/Property

The Contractor must provide all equipment and supplies necessary to perform the services required under this contract. The Government will not furnish any supplies or equipment.

End SecƟon D

SecƟon E InspecƟon and Acceptance

E.1 InspecƟon and Acceptance

Pursuant to FAR 52.212-4, all work described in SecƟon C to be delivered under this contract is subject to final inspecƟon and acceptance by an authorized representaƟve of the Government.

The authorized representaƟve of the Government is the ContracƟng Officer’s RepresentaƟve (COR), who is responsible for inspecƟon and acceptance of all services, materials, or supplies to be provided by the Contractor.

E.2 InspecƟon and Acceptance Criteria

The Government shall conduct performance surveillance and review performance reports furnished by the Contractor to determine how the Contractor is performing against established performance standards. The primary methods of surveillance to be used by the Government include, but are not limited to:

• RouƟne Monitoring: The COR shall review project status and progress reports

• Random InspecƟon: The COR may request ad hoc performance reports from the

Contractor to review performance outside the normal review cycle

• Customer Feedback: The Government may review customer saƟsfacƟon feedback from internal and external stakeholders. Stakeholder feedback can be obtained through mulƟple approaches, such as direct observaƟon, general complaints, saƟsfacƟon surveys, etc.

• Scheduled or unscheduled monitoring and inspecƟon of services and processes may be performed by the COR or other ORR representaƟves through direct observaƟon either virtually or at the contractor’s place of performance.

E.3 General Acceptance Criteria

In addiƟon to the inspecƟon and acceptance requirements specified in the contract, general quality measures, as set forth below, will be applied to each work product received from the Contractor under this contract:

• Accuracy - Work products shall be accurate in presentaƟon, technical content, and adherence to accepted elements of style.

• Clarity - Work products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporƟng narraƟve.

• Consistency to Requirements - All work products must saƟsfy the requirements of the Performance Work Statement (PWS).

• File EdiƟng - All text and diagrammaƟc files shall be editable by the Government.

• Format - Work products shall be submiƩed electronically. The electronic copy must be in a format as indicated in the Deliverables Table of the PWS.

(End SecƟon E)

SecƟon F Deliveries or Performance

F.1 Period of Performance

The anƟcipated period of performance consists of a one-year base period, four (4) one-year opƟon periods (if exercised), and an opƟon(s) in accordance with FAR 52.217-8 (if exercised).

Base Period of Performance: One Year After Date of Award. To be specified on contract award.

Option Period 1: If exercised, 2nd Year Following Date of Award. To be specified on contract award.

Option Period 2: If exercised, 3rd Year Following Date of Award. To be specified on contract award.

Option Period 3: If exercised, 4th Year Following Date of Award. To be specified on contract award.

Option Period 4: If exercised, 5th Year Following Date of Award. To be specified on contract award.

FAR 52.217-8, Extension Up to six (6) additional months.

F.2 Place of Performance

Under this contract the Contractor must provide comprehensive, high-quality, and efficient delivery of legal services to children in ORR custody naƟonwide, including:

• ORR shelter locaƟons and provider network faciliƟes, and out of network faciliƟes where UAC are placed by ORR.

• Emergency Intake Sites (EIS).

• Long-Term Foster Care (LTFC) faciliƟes.

• Unaccompanied Refugee Minors (URM) program locaƟons.

• Throughout the United States, including sponsor residences.

AƩachment D ORR FaciliƟes by State - ORR FaciliƟes by State is included as a representaƟve sample only to assist offerors in understanding the current geographic dispersion acƟviƟes.

LOCATIONS AND NUMBER OF FACILITIES WILL VARY THROUGHOUT PERFORMANCE.

F.3 InformaƟon Access

The Contractor shall coordinate with ORR staff and care provider staff to ensure access to informaƟon required for service delivery. Such informaƟon may include, but is not limited to:

a. Timely noƟce of each child's entry into an ORR facility

b. Transfers between ORR faciliƟes/programs

c. NoƟce of each child's release from ORR custody

d. Up-to-date, accurate contact informaƟon for UAC to enable delivery of legal services required aŌer release, including services designed to promote UAC's appearance before immigraƟon court aŌer release.

F.4 Deliverables Schedule and Performance Requirement Summary

See AƩachment J.

F.5 Delivery Requirements

Physical deliveries to the Government under this contract shall be accomplished between the hours of 8:30 a.m. and 4:00 p.m. Eastern Time, Monday through Friday, unless authorized by the COR. No deliveries shall be made on Saturdays, Sundays, and days of government closure or Federal legal holidays found at: hƩp://www.opm.gov/operaƟng_status_schedules .

F.6 Performance Requirements Summary

The Performance Requirements Summary (PRS), in combinaƟon with the tasks and standards defined within the PWS, define performance standards and acceptable quality levels (AQLs) (see Deliverable Schedule and Performance Requirements Summary Table in AƩachment J). The Contractor shall ensure all contractual requirements and standards are met. The Government performs surveillance in accordance with the Quality Assurance Surveillance Plan (QASP) (see AƩachment E). The Government uses these PRS standards and the requirements defined within this contract to determine the degree to which the Contractor’s performance complies with the terms and condiƟons of the contract.

• PRS DefiniƟons:

o Performance standard: the specific, measurable criteria for performance quality that the Contractor is required to meet or exceed.

o Acceptable Quality Level (AQL): the minimally acceptable level of performance and the maximum allowable leeway or variance from a standard before the Government will reject a service. AQLs are applicable only when a variance from the standard is acceptable.

(End SecƟon F)

SecƟon G Contract AdministraƟon Data

G.1 AuthoriƟes of Government Personnel

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administraƟon of this contract will require maximum coordinaƟon between the Government and the Contractor. The following individuals will be the Government's authorized officials during the performance of this contract:

ContracƟng Officer Emily Graham HHS/ASA/Office of Mission AcquisiƟon SoluƟons (OMAS) Emily.Graham@hhs.gov

All communicaƟons pertaining to contractual and/or administraƟve maƩers under this contract shall be sent to:

Contract Specialist Sharee Richardson HHS/ASA/Office of Mission AcquisiƟon SoluƟons (OMAS) Sharee.Richardson@hhs.gov

Note: The ContracƟng Officer is the only individual authorized to modify the contract.

ContracƟng Officer's RepresentaƟve (COR) Name: [To Be Specified at Ɵme of Award] Email: [To Be Specified at Ɵme of Award]

G.2 ContracƟng Officer’s RepresentaƟve (COR) Authority

a. Performance of work under this contract is subject to the technical direcƟon of the ContracƟng Officer's RepresentaƟve idenƟfied above, or a representaƟve designated in wriƟng by the ContracƟng Officer that specifies limits of authority. The term "technical direcƟon" includes, without limitaƟon, direcƟon to the contractor that directs or redirects the labor effort, shiŌs the work between work areas or locaƟons, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished saƟsfactorily.

b. Technical direcƟon must be within the scope of the specificaƟon(s)/work statement.

The ContracƟng Officer's RepresentaƟve does not have authority to issue technical direcƟon that:

1. ConsƟtutes a change of assignment or addiƟonal work outside the specificaƟon(s)/statement of work;

2. ConsƟtutes a change as defined in the clause enƟtled "Changes";

3. In any manner causes an increase or decrease in the contract price, or the Ɵme required for contract performance;

4. Changes any of the terms, condiƟons, or specificaƟon(s)/work statement of the contract;

5. Interferes with the contractor's right to perform under the terms and condiƟons of the contract; or

6. Directs, supervises or otherwise controls the acƟons of the contractor's employees.

c. Technical direcƟon may be oral or in wriƟng. The ContracƟng Officer's RepresentaƟve shall confirm oral direcƟon in wriƟng within five work days, with a copy to the ContracƟng Officer.

d. The contractor shall proceed promptly with performance resulƟng from the technical direcƟon issued by the ContracƟng Officer’s RepresentaƟve. If, in the opinion of the contractor, any direcƟon of the ContracƟng Officer’s RepresentaƟve, or his/her designee, falls within the limitaƟons in (b), above, the contractor shall promptly noƟfy the ContracƟng Officer no later than the beginning of the next Government work day.

e. Failure of the contractor and the ContracƟng Officer to agree that technical direcƟon is within the scope of the contract shall be subject to the terms of the clause enƟtled "Disputes."

G.3 Invoices

G.3.1 General Invoice Requirements

Electronic Invoicing and Payment Requirements - Invoice Processing Plaƞorm (IPP)

• All invoice submissions for payment of goods and or services delivered and accepted by the Government must be made electronically through the U.S. Department of Treasury’s Invoice Processing Plaƞorm System (IPP).

• Invoice submission for payment means any request for invoice payment by the Contractor. To consƟtute a proper invoice, the payment request must comply with the requirements idenƟfied in the clause 52.212-4(g) included in this contract. The IPP website address is: hƩps://www.ipp.gov.

• The Agency will enroll the Contractors new to IPP. The Contractor must follow the IPP registraƟon email instrucƟons for enrollment to register the Collector Account for submiƫng invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive RegistraƟon email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award for new contracts or date of modificaƟon for exisƟng contracts.

• RegistraƟon emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacƟng the IPP ProducƟon Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

• The Contractor POC will receive two emails from IPP Customer Support, the first email contains the iniƟal administraƟve IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

• If your company is already registered to use IPP, you will not be required to re-register.

• If the Contractor is unable to comply with the requirement to use IPP for submiƫng invoices for payment as authorized by HHSAR 332.7002, a wriƩen request must be submiƩed to the ContracƟng Officer to explain the circumstances that require the authorizaƟon of alternate payment procedures.

AddiƟonal Office of Mission AcquisiƟon SoluƟons (OMAS) requirements:

a. The contractor shall submit invoices under this contract once per month.

b. Invoices must break-out price/cost by contract line-item number (CLIN) and sub-CLIN as specified in the pricing secƟon of the contract.

c. Invoices submiƩed to IPP are limited to 10MB. Invoice supporƟng documentaƟon must be sent to the contracƟng officer, contract specialist, and COR with a reference to the invoice number(s) the documentaƟon supports prior to submission into IPP.

G.3.2 General Invoice Requirements

The contractor may include FFUP, FFP, and/or T&M services in the same invoice. The invoice must be itemized by CLIN and sub-CLIN as required by SecƟon G.3.1.b. The contractor shall not include any personally idenƟfiable informaƟon or other potenƟally sensiƟve UAC-related informaƟon on the IPP invoice. All invoices shall have supporƟng documentaƟon. SupporƟng documentaƟon shall include Direct RepresentaƟon Case Inventory Report at AƩachment K. All back up documentaƟon to include rosters showing all UAC A# and date for all CLIN 1 and 2 services and other supporƟng documentaƟon that demonstrates that each CLIN and sub-CLIN being invoiced has been completed per SecƟon C.4.2.4 Task IV: Direct Legal RepresentaƟon Services (Items 1-13) shall include UAC A#, Task IV Case Type, name of LSP and date of service on all evidence of compleƟon or other (ie: travel documentaƟon) submiƩed documents. All supporƟng documentaƟon shall be submiƩed to the COR for review and approval prior to submission of the invoice into IPP.

G.3.2.1 Firm Fixed Unit Priced (FFUP) Invoicing Requirements

Invoices submiƩed under this contract for FFUP services, following compleƟon of the service or phase of a service required by PWS SecƟon C.4., must at a minimum:

• IdenƟfy the period in which the service began (Base Period, OpƟon Period 1, etc.)

• IdenƟfy the item number (1 – 13), service(s), quanƟƟes, and unit prices(s) invoiced as specified in the Pricing Worksheet.

G.3.2.2 Firm Fixed Price (FFP) Invoicing Requirements

Invoices submiƩed under this contract for firm fixed price CLINs (Annual LSP Network Management, Annual Data CollecƟon and Transfer System / Interface (FFP)), TransiƟon-In, TransiƟon-Out, and Other Annual Requirements shall be submiƩed monthly.

G.3.2.3 Time and Materials (T&M) Invoicing Requirements

Invoices submiƩed under this contract for any T&M charges shall, at a minimum, include:

• A copy of the request and authorizaƟon to proceed from the COR (as specified in the contract).

• Back up documentaƟon and invoices/receipts to demonstrate the costs sought to be reimbursed.

G.4 Travel Related Costs

The Contractor will be reimbursed in accordance with the terms and condiƟons of the contract for approved domesƟc travel incurred directly and specifically in the performance of this contract. DomesƟc travel expenses incurred by the Contractor in direct performance of the contract shall be reimbursed at actual cost in accordance with the limitaƟons set forth in FAR 31.205-46 provided such travel is determined necessary for the performance of this contract and the cost does not exceed:

a. The lowest customary standard, coach, or equivalent airfare offered during normal business hours for air travel except when such accommodaƟons: 1) require circuitous rouƟng, 2) require travel during unreasonable hours, 3) excessively prolong travel, 4) result in increased costs that would offset transportaƟon savings, 5) are not reasonably adequate for the physical or medical needs of the traveler, or 6) are not reasonably available to meet mission requirements. If requesƟng reimbursement of other than the lowest customary standard, coach, or equivalent airfare, the contractor shall provide a wriƩen jusƟficaƟon for an applicable excepƟon.

b. Costs of rail travel by most direct route, coach-class accommodaƟons.

c. The prevailing mileage rate set forth in the Federal Travel RegulaƟon (FTR) or reasonable actual expenses for travel by motor vehicle. Travel by motor vehicle, including rented automobile, shall be reimbursed on a reasonable actual expense basis, or at the Contractor's opƟon, on a mileage basis at the prevailing FTR rate, plus any toll or ferry charges.

d. The prevailing rates set forth in the FTR for lodging, meals and incidental expenses.

G.5 Small Business SubcontracƟng Plan

If the successful offeror is a large business, the successful offeror’s small business subcontracƟng plan will be incorporated into this contract, within this secƟon, at the Ɵme of award.

End SecƟon G

SecƟon H Special Contract Requirements

H.1 ProhibiƟon Against Personal Services

The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direcƟon. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any Ɵme the Contractor believes that any Government acƟon or communicaƟon has been given that would create or give the appearance of a personal service relaƟonship between the Government and any Contractor employee, the contractor shall promptly noƟfy the ContracƟng Officer in wriƟng of this communicaƟon or acƟon within 24 hours.

The Contractor shall not perform any inherently governmental funcƟons under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representaƟve. No Contractor employee shall state orally or in wriƟng at any Ɵme that he or she is acƟng on behalf of the Government. The Contractor is responsible for ensuring that all employees and any subcontractors assigned to this contract understand and adhere to these requirements.

H.2 Contractor Performance EvaluaƟons

The Government anƟcipates evaluaƟng contractor performance on an interim and final basis pursuant to FAR Subpart 42.11. Interim evaluaƟons will occur on an annual basis upon the compleƟon of the first year of the contract. The Contractor Performance Assessment ReporƟng System (CPARS) will be used for these reviews. InformaƟon on CPARS is located at hƩp://www.cpars.gov .

Contractors may, at their discreƟon, submit a self-assessment to the COR and contracƟng officer to consider when documenƟng performance, at no addiƟonal cost to the Government. The self-assessment must be submiƩed to the COR and contracƟng officer at least 30 days prior to compleƟon of the first year, and each following year.

H.3 RestricƟons on Contractor Access to Government or Third-Party InformaƟon

The purpose of this clause is to set forth the restricƟons that will govern the Contractor and any subcontractor employees’ access to Government or third-party informaƟon in order to protect the informaƟon from unauthorized use or disclosure.

a. Under this contract, the Contractor will have access to UAC’s protected personally idenƟfiable informaƟon (PII) and other nonpublic informaƟon.

b. RestricƟons on use and disclosure of information.

1. With regard to any informaƟon to which the Contractor is given access in performance of this contract, whether the informaƟon comes from the Government or from third parƟes, the Contractor shall:

i. UƟlize the informaƟon only for the purposes of performing the services specified in this contract, and not for any other purposes;

ii. Safeguard informaƟon from unauthorized use and disclosure;

iii. Allow access to the informaƟon only to those employees who require it to perform services under this contract;

iv. Preclude access and disclosure of informaƟon to persons and enƟƟes outside of the Contractor's organizaƟon that do not have a right to access the informaƟon;

v. Inform employees who may require access to informaƟon about their obligaƟons to uƟlize it only to perform the services specified in this contract and to safeguard that informaƟon from unauthorized use and disclosure; and

vi. Ensure each employee complies with the restricƟons set forth in (i), (ii), (iii), and (iv) above.

vii. The Contractor shall not use or disclose confidenƟal UAC PII informaƟon, third-party confidenƟal informaƟon, or any other confidenƟal informaƟon acquired in performance of the contract the Government has idenƟfied as prohibited from disclosure to:

viii. Compete for work for the Government; or

ix. Submit an unsolicited proposal to the Government.

2. If the Contractor receives or is given access to informaƟon (whether marked or unmarked) that indicates the Contractor should not receive the informaƟon, the Contractor shall:

i. Promptly noƟfy the ContracƟng Officer within 24 hours of receiving or being given access to the informaƟon; and

ii. Handle the informaƟon in accordance with the instrucƟons of the ContracƟng Officer.

c. Breach of any of the terms of this secƟon of the contract is deemed a material breach that provides grounds for the Government to:

1. Require the contractor to remove the contractor or subcontractor employee or employees from the performance of the contract;

2. Require the contractor to terminate the subcontractor;

3. Suspend contractor payments;

4. Terminate this contract for cause;

5. Suspend or debar the Contractor for serious misconduct affecƟng present responsibility; or

6. Pursue any other remedies permiƩed by law, regulaƟon, or this contract.

d. Unauthorized disclosure or other misuse of informaƟon protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalƟes. In addiƟon, unauthorized disclosure or other misuse of informaƟon covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, imprisonment up to 1 year, or both.

e. The Contractor shall flow down this clause to subcontractors at all tiers.

H.4 Post-Award OrganizaƟonal and Personal Conflicts of Interest

a. General: The Contractor shall have programs in place to idenƟfy, report, and miƟgate actual and potenƟal conflicts of interest for itself, its employees, subcontractors, and consultants. The existence of such programs and the disclosure of known actual or potenƟal conflicts are material performance requirements of this contract.

b. Disclosure: The Contractor shall report all actual and potenƟal conflicts of interest pertaining to this contract to the ContracƟng Officer, including those that would be caused by a contemplated modificaƟon to this contact or another contract. Such reports shall be in wriƟng (including by email).

c. ResoluƟon: In the event the ContracƟng Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the ContracƟng Officer may take acƟon which may include, but is not limited to, requiring a miƟgaƟon plan from the Contractor, terminaƟng part or all of the contract, modifying the contract, or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

H.5 Contractor Personnel IdenƟficaƟon

Contractor and subcontractor employees shall idenƟfy themselves as contractor personnel in all interacƟons with government personnel and the general public, and in all contract-related communicaƟons, to include oral and wriƩen correspondence.

At a minimum, email signature blocks and voicemails shall include the following informaƟon:

Name, FuncƟonal Job Title Contractor Company Name On assignment with:

AdministraƟon for Children and Family, Office of Refugee ReseƩlement Other contact details as necessary

H.6 Guaranteed Minimum and Maximum QuanƟƟes (FFUP)

H.6.1 Guaranteed Minimum

The total guaranteed minimum for this contract is $1,539,600.00.

H.6.2 Ceiling Amounts

The ceiling amounts under this contract are idenƟfied as “Not-to-Exceed Ceiling Amounts” listed in secƟons B.4 and B.5.

H.7 Adherence to Statutes, RegulaƟons, and Policies

In the performance of all work under this contract, the contractor shall comply with and be guided by the following authoriƟes:

a. Homeland Security Act of 2002, SecƟon 462 (6 U.S.C. 279)

b. William Wilberforce Trafficking VicƟms ProtecƟon ReauthorizaƟon Act (TVPRA) of 2008, SecƟon 235 (8 U.S.C. 1232)

c. ImmigraƟon and NaƟonality Act (INA), SecƟon 292 (8 U.S.C. 1362)

d. ORR Unaccompanied Children Program FoundaƟonal Rule at 45 CFR Part 410; and specifically, 410.1309 (Legal Services)

e. ORR Unaccompanied Alien Children Bureau Policy Guide, including, but not limited to:

1. SecƟon 1.4.2 - 30 Day RestricƟve Placement Review

2. SecƟon 1.4.6 - ResidenƟal Treatment Center and Out of Network Placements

3. SecƟon 1.4.7 - RequesƟng ReconsideraƟon of a Secure or RTC Placement DesignaƟon

4. SecƟon 3.7 - Legal Services

5. SecƟon 4.3.3 - Employee Background InvesƟgaƟons

6. SecƟon 4.10 - Sexual Abuse ReporƟng and Follow-up

7. SecƟon 5.6 - ReporƟng and Record Keeping

8. SecƟon 5.7.1 - ORR Efforts to Help Prevent Fraud

9. SecƟon 5.8 - ReporƟng Child-Level Events and Program Level Events

10. SecƟon 5.9 - ProtecƟng the Privacy and ConfidenƟality of UAC InformaƟon

11. SecƟon 5.10 - InformaƟon Sharing

f. ExecuƟve Office for ImmigraƟon Review (EOIR) ImmigraƟon Court PracƟce Manual (Chapter 1, SecƟon 1.5)

g. Board of ImmigraƟon Appeals (BIA) PracƟce Manual

h. SecƟon 508 of the RehabilitaƟon Act of 1973

i. Violence Against Women ReauthorizaƟon Act of 2013, SecƟon 1101(c)

j. ORR Forms and NoƟces (e.g., Form L-3 NoƟce of AƩorney RepresentaƟon, Form A-5

AuthorizaƟon for Release of Records)

k. State Licensing Standards applicable to ORR-funded care provider faciliƟes

l. Federal and state public health guidance

m. Interim Final Rule on Standards to Prevent, Detect, and Respond to Sexual Abuse and

Sexual Harassment Involving Unaccompanied Children (45 CFR Part 411)

n. Child Abuse and Neglect Interim Final Rule (45 CFR Part 412)

o. Applicable Ethical Rules and Rules of Professional Conduct

p. The Flores SeƩlement Agreement (as applicable)

In the case of a conflict between the statutory requirements, policies, and the PWS, the statutory requirements shall have precedence. Where the contractor determines it is unable, or potenƟally unable, to meet a performance requirement due to an apparent or actual conflict among applicable authoriƟes, including ethics rules governing aƩorneys, the Contractor shall promptly noƟfy the COR in wriƟng within 24 hours, idenƟfy the conflict, and seek ORR guidance to resolve the conflict in a manner consistent with ORR’s statutory mandates.

H.8 Media and Social Media

The determinaƟon and approval of official responses to media and other inquiries regarding HHS/ACF/ORR programs is regarded as an inherently governmental funcƟon. Only authorized HHS or ACF/ORR representaƟves may speak on behalf of the agency. The Contractor, including its subcontractors and other individuals engaged in the performance of this contract, shall not make or release any statements on behalf, or purporƟng to be made on behalf, of HHS/ACF/ORR. The Contractor may discuss its own organizaƟon’s programs and services but shall not make, or purport to make, any representaƟons on behalf of HHS/ACF/ORR on any maƩers. Any quesƟons seeking an official comment or government perspecƟve regarding the services provided under this contract or other HHS/ACF/ORR programs shall be referred directly to the COR within 24 hours of receiving the inquiry.

The Contractor shall not comment on the status of individual cases, provide any details or images of children in ORR custody to the media, publish/post images of children in ORR custody on social media or elsewhere, or permit or facilitate media interviews (or third-party interviews of children outside of interviews related to the delivery of legal services) of children in ORR custody. All inquiries related to individual cases shall be referred to the COR within 24 hours of receiving the inquiry.

Contractor publicaƟons shall be handled in accordance with HHSAR 352.227-70 (PublicaƟons and Publicity). Before issuing a press release, public statement, or social media post referencing ORR or ACF support, the Contractor must submit it to the COR for review and wriƩen approval prior to publicaƟon.

H.9 Background InvesƟgaƟons and Suitability DeterminaƟons

a. The Contractor shall ensure all personnel providing services under this contract, including employees, subcontractors, and pro bono personnel operaƟng under the Contractor’s LSP network, comply with ORR background invesƟgaƟon and suitability determinaƟon requirements, in accordance with UAC Policy Guide SecƟons 4.3.3, 4.3.3.1, and 4.3.3.3, as well as HHSAR 352.237-72, Crime Control Act - Requirement for Background Checks (see SecƟon I.3). In the event of a conflict between the contract background invesƟgaƟon and suitability determinaƟon requirements and the UAC Policy Guide, the contract shall control.

b. (Note: UniniƟated and in-process background invesƟgaƟons and suitability determinaƟons of all personnel who require such clearances must be reported as part of PWS SecƟon C.5.4.2 Contractor/Subcontractor Staffing Reports. See also SecƟon F.4, Deliverables and Delivery Schedule.)

c. Minimum Background InvesƟgaƟon Components

d. Contractor must ensure that staff and volunteers who will have direct access to children have, at a minimum:

1. An FBI fingerprint check of naƟonal and state criminal history repositories;

2. A child protecƟve services check with the staff's State(s) of U.S. residence for the last five years;

3. Sex Offender Registry Check conducted through the U.S. Department of JusƟce

NaƟonal Sex Offender Public Website;

4. All State required background checks;

5. An ORR Central Registry check must be conducted for all staff at least once per calendar year; and

6. Background invesƟgaƟon updates at a minimum of every five years of the staff/contractor/volunteer's start date or last background invesƟgaƟon update.

7. While the Contractor may perform background invesƟgaƟons more frequently at its discreƟon, the Contractor shall not charge the Government for any background screening services other than the minimum screenings specified in subparagraphs (1)-(6) of this secƟon.

e. NoƟficaƟon of Inability to Complete: The Contractor must noƟfy the COR in wriƟng if it is unable to complete all the required background invesƟgaƟon components. Status shall be reported weekly as part of C.5.4.2 Contractor/Subcontractor Staffing Reports during transiƟon in (See SecƟon F.4, Deliverables and Delivery Schedule).

f. Personnel Subject to Background Checks The following individuals must successfully complete ORR required background checks before they are permiƩed access to children:

1. All execuƟve, program management, and administraƟve staff with direct access to children

2. All the Contractor's temporary, part-Ɵme, or full-Ɵme employees, consultants, and sub-contractors with direct access to children

3. Any other individual providing services under this contract who has supervised or unsupervised direct access to children, including volunteers.

g. ORR Authority: In accordance with the UAC Bureau Policy Guide, ORR is the ulƟmate authority to determine the applicaƟon of background check and suitability determinaƟon requirements. The Contractor shall adhere to the requirements of the applicable UAC Bureau Policy Guide in effect during the period of performance. In the event of a conflict between the contract background invesƟgaƟon requirements and the UAC Policy Guide, the contract shall control.

h. Federal Personnel Veƫng and Background InvesƟgaƟons

1. In accordance with OMB Memorandum M-05-24, federal agencies must have verified and/or completed background invesƟgaƟons for contractors who require access to HHS informaƟon, IT systems, other than occasional or intermiƩent access to HHS-controlled faciliƟes, or any combinaƟon of these three.

2. Compliance Requirements: To gain the required access, and during performance of the contract, the Contractor shall comply with:

i. HSPD-12: Policy for a Common IdenƟficaƟon Standard for Federal Employees and Contractors

ii. Personal idenƟty verificaƟon and invesƟgaƟon procedures contained in:

A. HHS InformaƟon Security Program Policy B. HHS ConƟnued ImplementaƟon for the HSPD-12 Program (dated January 13, 2017) C. OPM Final CredenƟaling Standard (dated June 2008) D. OMB M-05-24 (dated August 5, 2005) E. ExecuƟve Order 13467

iii. Suitability DeterminaƟon InvesƟgaƟon: Per ORR Policy Guide 4.3.3.3, contractor and sub-contractor personnel who are determined to provide services for or on behalf of the ORR UAC Program must undergo a suitability determinaƟon invesƟgaƟon to evaluate a person's character and conduct that may impact the integrity and efficiency of the federal service.

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)

H.10 Compliance with RegulaƟons, Policies and Procedures

The Contractor shall comply with the applicable authorities listed in H.7 Adherence to Statutes, Regulations and Policies and all other Federal, State, and local laws and regulations applicable to performance of the services required by the contract.

H.11 TelecommuƟng

The contractor (and subcontractors) are permiƩed to telecommute under the performance of this contract.

H.12 InformaƟon Security Requirements

a. Baseline Security Requirements Applicability: The requirements herein apply whether the enƟre contract or porƟon thereof includes any combinaƟon of the following:

1. ACF OCIO Engagement: The Contractor shall complete an ACF Office of Chief

InformaƟon Officer (OCIO) intake request form within business 5 days of award and submit to the ACF Technical Customer Engagement Team to formalize and start the ACF OCIO Governance Framework requirements.

2. Government Information Access:

• A contractor (and/or any subcontractor) employee that will have or will be given the ability to have rouƟne physical (entry) or logical (electronic) access to government informaƟon as required to perform their work

• Access is contingent upon positive adjudication of a background check

3. Federal System Operation: A contractor (and/or any subcontractor) may operate a federal system and informaƟon technology containing data that supports the ACF mission. In addiƟon to the Federal AcquisiƟon RegulaƟon (FAR) subpart 2.1 definiƟon of "informaƟon technology" (IT), the term as used in this secƟon includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, soŌware, firmware and similar procedures, services (including support services), and related resources.

b. Authority to Operate (ATO) Process

1. ATO Requirement: ACF will uƟlize the Authority to Operate (ATO) process as the formal method of determining the applicability and authorizaƟon of any soŌware to be used in connecƟon with this requirement.

2. Contractor Responsibility: The Contractor is responsible for ensuring that all soŌware complies with the relevant security and operaƟonal standards necessary to obtain an ATO prior to deployment or use in delivering the contracted services. AddiƟonally, the Contractor shall be responsible for providing the necessary documentaƟon to establish and maintain an ATO with ACF.

3. Approved SoŌware: The authorized list of government approved soŌware can be found on the FedRAMP Marketplace at hƩps://marketplace.fedramp.gov/products. The Contractor must consult this resource to ensure compliance with approved soŌware standards and requirements.

4. InterconnecƟon Security Agreement (ISA): The Contractor may be required to establish an interconnecƟon security agreement with ACF/ORR for sharing data across systems. The ISA template will be provided by the Government aŌer award.

c. Safeguarding InformaƟon and InformaƟon Systems In accordance with the Federal Information Processing Standards Publication (FIPS) 199, Standards for Security Categorization of Federal Information and Information Systems, the Contractor (and/or any subcontractor) shall:

1. ConfidenƟality: Protect government informaƟon and informaƟon systems to ensure confidenƟality, which means preserving required restricƟons on access and disclosure, based on the security terms found in this contract, including means for protecƟng personal privacy and proprietary informaƟon.

2. Integrity: Guard against improper informaƟon modificaƟon or destrucƟon and ensure informaƟon non-repudiaƟon and authenƟcity.

3. Availability: Ensure timely and reliable access to and use of information.

4. System Security: Provide security for any contractor systems, and informaƟon contained therein, connected to an HHS network, or operated by the Contractor on behalf of ACF regardless of locaƟon.

5. Policy Compliance: Adopt and implement the policies, procedures, controls, and standards required by the HHS InformaƟon Security Program to ensure the confidenƟality, integrity, and availability of government informaƟon and government informaƟon systems for which the Contractor is responsible under this contract to which the Contractor may otherwise have access under this contract.

d. InformaƟon Security Categorization

1. In accordance with FIPS 199 and NaƟonal InsƟtute of Standards and Technology (NIST) Special PublicaƟon (SP) 800-60, Volume II: Appendices to Guide for Mapping Types of InformaƟon and InformaƟon Systems to Security Categories, Appendix C, and based on informaƟon provided by the InformaƟon System Security Officer (ISSO), Chief InformaƟon Security Officer (CISO), or other security representaƟve, the contractor shall determine:

i. The risk level for each Security Objective

ii. The Overall Risk Level, which is the highest watermark of the three factors (ConfidenƟality, Integrity, and Availability) of the informaƟon or informaƟon system

2. Security Categorization Requirements In accordance with FIPS 199, NIST SP 800-60 Volume II (including Appendix C), and guidance provided by the designated Information System Security Officer (ISSO), Chief Information Security Officer (CISO), or authorized security representative, the Contractor shall support the formal security categorization of all information and information systems developed, operated, or maintained under this contract. The Contractor shall:

i. Determine and document the risk level for each Security ObjecƟve —

ConfidenƟality, Integrity, and Availability — using the FIPS 199 impact levels (Low, Moderate, or High).

ii. Determine and document the Overall Security Categorization for the information system, defined as the highest impact level (i.e., “high watermark”) among the three security objecƟves in accordance with FIPS

199.

iii. Provide supporƟng documentaƟon, including system descripƟons, data types processed, data flows, user populaƟons, and mission/business impact analysis, sufficient to support Government review and approval of the security categorization. No system shall proceed to full Authorization to Operate (ATO) activities until the Government approves the security categorization.

3. Contractor Responsibilities

i. Collaboration with ACF Security. The Contractor shall work in coordination with the ACF security team to:

A. Conduct initial information system categorization;

B. Reassess categorization when system functionality, data types, integrations, user base, or threat environment changes;

C. Update documentaƟon as required throughout the system lifecycle.

The security categorizaƟon may be revised at any Ɵme based on changes to system scope, risk posture, or federal guidance.

ii. Implementation of Security Controls. The Contractor shall:

A. Implement security controls consistent with the approved categorization and corresponding NIST SP 800-53 control baseline (Low, Moderate, or High).

B. Tailor and document controls in the System Security Plan (SSP) in accordance with NIST SP 800-37 (Risk Management Framework).

C. Update controls and associated documentation if the system’s categorization changes.

e. Controlled Unclassified InformaƟon (CUI)

1. CUI DefiniƟon: Controlled Unclassified InformaƟon (CUI) is defined as

"informaƟon that laws, regulaƟons, or Government-wide policies require to have safeguarding or disseminaƟon controls, excluding classified informaƟon."

2. CUI Compliance: The Contractor (and/or any subcontractor) shall comply with ExecuƟve Order 13556, Controlled Unclassified InformaƟon (implemented at 3 CFR, part 2002) when handling CUI. As implemented, the term "handling" refers to "…any use of CUI, including marking, safeguarding, transporƟng, disseminaƟng, re-using, and disposing of the informaƟon." (81 Fed. Reg.

63323)

3. CUI Handling Requirements: All sensiƟve informaƟon that has been idenƟfied as CUI by a regulaƟon or statute, and required to be handled in performance of this contract, shall be:

i. Marked appropriately

ii. Disclosed to authorized personnel on a need-to-know basis

iii. Protected in accordance with:

• NIST SP 800-53, Security and Privacy Controls for InformaƟon Systems and OrganizaƟons (applicable baseline if handled by a contractor system operated on behalf of the agency), or

• NIST SP 800-171, ProtecƟng Controlled Unclassified InformaƟon in Nonfederal InformaƟon Systems and OrganizaƟons (if handled by internal contractor system)

iv. Returned to ACF control, destroyed when no longer needed, or held unƟl otherwise directed. DestrucƟon of informaƟon and/or data shall be accomplished in accordance with NIST SP 800-88, Guidelines for Media SaniƟzaƟon

f. Protection of Sensitive Information

For security purposes, information is or may be sensitive…