Attachment A- Performance Work Statement (PWS) (Rev1) (Amd 0003) (12.09.2025).pdf

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

Attachment A- Performance Work Statement (PWS) [Rev1] (Amd 0003) (12.09.2025)

PERFORMANCE WORK STATEMENT

Legal Services for Unaccompanied Alien Children (UAC)

Office of Refugee Resettlement (ORR)

Administration for Children and Families (ACF)

November 2025 (Updated December 12/09/2025) [Amd 0003]

Table of Contents

1. INTRODUCTION AND SCOPE

1.1. Definition of Unaccompanied Alien Children

1.2. Objective

2. BACKGROUND AND AUTHORITY

2.1 ORR's Role and Statutory Authority

2.2 Services Mandates

2.3 Duration of Services

3. GENERAL PROVISIONS

3.1 Days

3.2 Media and Social Media

4. REQUIREMENTS

4.1 Services

4.2 Applicable Statutes, Regulations, and Policies

4.3 Personnel Qualifications

4.4 Interpretation, Translation, and Accessibility

4.5 Attorney Ethics Conflicts Management

4.6 Place of Performance

4.7 Service Delivery Principles

5. LEGAL SERVICES PERFORMANCE REQUIREMENTS AND TASKS

5.1 Objective I: Conduct Legal Orientations

5.2 Objective II: Conduct Legal Consultations

5.3 Objective III: Provide Direct Legal Representation and Legal Assistance

5.4 Objective IV: Data Collection, Analysis, and Reporting

6. PROJECT MANAGEMENT, QUALITY ASSURANCE, AND COMMUNICATION

6.1 Project Management Plan (PMP)

6.2 Monthly Progress Reports

6.3 Weekly Subcontractor Reports

6.4 Transition-In

6.5 Transition-Out

7. MEETINGS

7.1 Meetings

7.2 Monthly Conference Calls

7.3 Kick-off Meeting

8. REQUIRED TRAVEL AND OTHER DIRECT COSTS

8.1 Travel Requirements

8.2 Local Area Travel

8.3 Travel Planning and Approval

9. SPECIAL REQUIREMENTS

9.1 Background Investigations and Suitability Determinations

9.2 Compliance with Regulations, Policies, and Procedures

9.3 Non-Personal Services Statement

9.4 Telecommuting

9.5 Security Requirements

9.6 Security Training

9.7 Records Management

9.8 Data Rights

10. GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

11. DELIVERABLES

12. PERFORMANCE REQUIREMENTS SUMMARY

13. GLOSSARY OF ABBREVIATIONS AND ACRONYMS

1. INTRODUCTION AND SCOPE

This Performance Work Statement (PWS) describes the specific tasks required to provide comprehensive legal services for Unaccompanied Alien Children (UAC) who are currently in, or have been released from, the care of the Office of Refugee Resettlement (ORR). These services are essential to support the legal needs of this vulnerable population in accordance with federal mandates.

1.1. Definition of Unaccompanied Alien Children

As defined under Section 462(g)(2) of the Homeland Security Act of 2002, a UAC is a child who:

a. Has no lawful immigration status in the United States;

b. Has not attained 18 years of age; and

c. With respect to whom either:

i. There is no parent or legal guardian in the United States; or

ii. No parent or legal guardian in the United States is available to provide care and physical custody.

1.2. Objective

The Contractor (which includes its Legal Service Providers (LSP)) must provide legal services to UAC who are currently in, or have been released from, ORR custody. These services encompass four primary, interrelated components: (1) legal orientations to inform UAC of their rights and responsibilities within the immigration system; (2) individualized legal consultations to assess eligibility for immigration relief;

(3) direct legal representation, to the extent required by law, and subject to ORR’s discretion and available appropriations, at the percentage included in their proposal (to be specified at the time of award) of the total cost of all direct representation services provided (in care and post release; not including Other Legal Services at PWS 5.3 b ix) delivered through pro bono counsel which must be attorneys that ORR does not fund (see example in 4.1); and (4) robust data collection, analysis, and reporting including, but not limited to, the outcomes of pro bono counsel recruitment, the scope and outcomes of representation, use of money resources, and real time case status, to support program oversight and continuous improvement. This data shall be made available through dashboards and direct connection to existing ORR platforms and tools, including application programming interfaces (APIs).

2. BACKGROUND AND AUTHORITY

2.1 ORR's Role and Statutory Authority

ORR's Unaccompanied Alien Children's Bureau (UACB), within the Administration for Children and Families (ACF), is responsible for providing temporary shelter care and child welfare-related services to UAC who are subject to immigration proceedings. ORR receives referrals of UAC from other federal agencies and places them in a network of ORR-funded care provider facilities. On March 1, 2003, Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) (HSA) transferred functions regarding the care and placement of UAC from the Commissioner of the Immigration and Naturalization Service to the Director of ORR. ORR has responsibility for the care and custody of UAC in federal custody due to their immigration status and age, as well as ensuring their safe and timely release to appropriate sponsors.

The Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) (TVPRA) states that, consistent with 6 USC 279, the U.S. Dept. Of Health and Human Services (HHS) Secretary is generally responsible for the care and custody of UAC, and describes additional responsibilities related to providing safe and secure placements for children. For example, the TVPRA requires the Secretary ensure UAC, to the extent practicable, and consistent with 8 U.S.C. 1362 (describing provision of legal counsel “at no expense to the government”), that UAC ”have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking.“ 8 U.S.C.

1232(c)(5). ORR further codified its provision of legal services in regulation at 45 C.F.R. 410.1309.

2.2 Services Mandates

The TVPRA (8 U.S.C. 1232(c)(5)) requires that the Secretary of HHS shall ensure, to the greatest extent practicable, and at no expense to the government, that all UAC who are or have been in the custody of the Secretary or the Secretary of Homeland Security have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. The law further emphasizes that, to the greatest extent practicable, the Secretary shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such UAC without charge. The ORR UC Program Foundational Rule implements these and related requirements pertaining to the provision of legal services at 45 CFR 410.1309.

2.3 Duration of Services

Shelter and residential services, and corresponding legal services, begin once ORR takes custody of a UAC for placement into an ORR facility and primarily ends when ORR releases the UAC to a suitable sponsor; or when the UAC turns 18 years of age; or when disposition of the child's immigration case results in the child's being granted lawful immigration status, or removal from the United States, including voluntary departure. As a result, legal services may be required after a UAC is released from ORR custody -- limited to the cases provided for under 45 CFR 410.1309(a)(4).

3. GENERAL PROVISIONS

3.1 Days

Throughout this PWS, “days” refers to calendar days unless otherwise specified.

3.2 Media and Social Media

The determination and approval of official responses to media and other inquiries regarding HHS/ACF/ORR programs is regarded as an inherently governmental function. Only authorized HHS or ACF/ORR representatives 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 purporting to be made on behalf, of HHS/ACF/ORR. The Contractor may discuss its own organization’s programs and services but shall not make, or purport to make, any representations on behalf of HHS/ACF/ORR on any matters. Any questions seeking an official comment or government perspective 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 permit or facilitate media interviews (or third party of interviews of children outside of their individual legal case) 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 publications shall be handled in accordance with HHSAR 352.227-70 (Publications 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 written approval prior to publication.

4. REQUIREMENTS

4.1 Services

The Contractor shall deliver services to UAC and perform services that address the legal needs of UAC and satisfy the Government’s requirements across four interrelated components:

a. Legal Orientations: Conduct legal orientations to inform UAC of their rights and responsibilities within the immigration system.

b. Legal Consultations: Conduct one-on-one legal consultations to assess each UAC’s eligibility for immigration relief.

c. Direct Legal Representation: Provide direct legal representation, to the extent required by law, and subject to ORR’s discretion and available appropriations, at the percentage included in their proposal (to be specified at the time of award) of the total cost of all direct representation services provided (in care and post release; not including Other Legal Services at PWS 5.3 b ix) delivered through pro bono counsel which must be attorneys that ORR does not fund. For example, if the cost of all direct legal services (not including Other Legal Services at PWS 5.3 b ix) in pricing is $XX, a minimum of 20% (specific percentage is for example only) of $XX must be provided pro bono each annual performance period.

d. Data Collection, Analysis, and Reporting: Conduct robust data collection, analysis, and reporting including, but not limited to, the outcomes of pro bono counsel recruitment, the scope and outcomes of representation, and real time case status, to support program oversight and continuous improvement. This data shall be made available through dashboards and direct connection to existing ORR platforms and tools, including APIs.

4.2 Applicable Statutes, Regulations, and Policies

The Contractor shall comply with and be guided by the following authorities:

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

b. William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, Section

235 (8 U.S.C. 1232)

c. Immigration and Nationality Act (INA), Section 292 (8 U.S.C. 1362)

d. ORR Unaccompanied Children Program Foundational 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:

i. Section 1.4.2 - 30 Day Restrictive Placement Review

ii. Section 1.4.6 - Residential Treatment Center and Out of Network Placements

iii. Section 1.4.7 - Requesting Reconsideration of a Secure or RTC Placement Designation

iv. Section 3.7 - Legal Services

v. Section 4.3.3 - Employee Background Investigations

vi. Section 4.10 - Sexual Abuse Reporting and Follow-up

vii. Section 5.6 - Reporting and Record Keeping

viii. Section 5.7.1 - ORR Efforts to Help Prevent Fraud

ix. Section 5.8 - Reporting Child-Level Events and Program Level Events

x. Section 5.9 - Protecting the Privacy and Confidentiality of UAC Information

xi. Section 5.10 - Information Sharing

f. Executive Office for Immigration Review (EOIR) Immigration Court Practice Manual (Chapter 1, Section 1.5)

g. Board of Immigration Appeals (BIA) Practice Manual

h. Section 508 of the Rehabilitation Act of 1973

i. Violence Against Women Reauthorization Act of 2013, Section 1101(c)

j. ORR Forms and Notices (e.g., Form L-3 Notice of Attorney Representation, Form A-5

Authorization for Release of Records)

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

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 Settlement Agreement (as applicable)

Where the contractor determines it is unable, or potentially unable, to meet a performance requirement due to an apparent or actual conflict among applicable authorities, the Contractor shall immediately notify the COR, identify the conflict, and seek ORR guidance to resolve the conflict in a manner consistent with ORR’s statutory mandates.

4.3 Personnel Qualifications

The Contractor shall ensure staff performing services pursuant to this PWS:

a. Have requisite training and experience to deliver required legal services to UAC in ORR care

b. Include attorneys in good standing with the bar and licensed to practice in the jurisdiction/court where representing the UAC (immigration court, state court, or before U.S. Citizenship and Immigration Services (USCIS))

c. Include paralegals working under the direction of an attorney

d. Include DOJ Accredited Representatives as appropriate for representation before EOIR and BIA

e. Comply with legal ethics rules of the state, district, and/or territory in which they are practicing

f. Meet all background investigation requirements of this PWS

4.4 Interpretation, Translation, and Accessibility

The Contractor shall:

a. Ensure services are available in a variety of languages relevant to the UAC regularly served, especially Spanish and English

b. Employ bilingual/multilingual staff or have ready access to language/interpretive services

c. Deliver legal services in a language in which the UAC reports to have fluency

d. Provide and utilize technological solutions needed to facilitate communication with UAC and program staff

4.5 Attorney Ethics Conflicts Management

The Contractor must develop and implement a policy and procedure to resolve attorney-ethics conflicts of interest. In the event of a conflict precluding an attorney from delivering required services to an individual UAC, the Contractor shall ensure that the UAC receives the required services from an alternate provider.

4.6 Place of Performance

The Contractor must provide legal services to UAC in ORR custody nationwide, including:

a. ORR shelter locations, provider network facilities, and out of network facilities where UAC are placed by ORR

b. Emergency Intake Facilities (EIFS)

c. Long-Term Foster Care (LTFC) facilities

d. Unaccompanied Refugee Minors (URM) program locations

e. Throughout the United States, including sponsor residences

4.7 Service Delivery Principles

a. Universal Representation Model: The Contractor shall offer representation to UAC based on a universal representation model, meaning that the Contractor shall not deny representation based on the perceived likelihood of success in the UAC’s legal case.

b. Culturally Competent Service Delivery and Trauma-Informed Care: Many UAC have faced traumatic situations in their home countries, including dire poverty, violence, gang recruitment, human trafficking, domestic violence, abuse, and neglect. Some UAC are very young, have little or no formal education, and are primarily non-English speaking. Therefore, the required services must be attuned to the varied and individual needs of UAC, including being delivered in the language best understood by the UAC and in a manner that is developmentally appropriate, trauma-informed, and culturally appropriate.

c. Continuity of Services: The Contractor shall coordinate with ORR staff and care provider staff to promote continuity of legal services throughout and after ORR custody.

d. Service Capacity: The Contractor shall offer access to legal orientations and legal screenings to 100% of UAC in ORR care and shall offer direct legal representation to the extent required by law, and subject to ORR’s discretion and available appropriations, at the percentage included in their proposal (to be specified at the time of award) of the total cost of all direct representation services provided (in care and post release; not including Other Legal Services at PWS 5.3 b ix) delivered through pro bono counsel which must be attorneys that ORR does not fund (see example in 4.1). If the Contractor fails to recruit and retain pro bono attorneys to provide at the percentage established at the time of award on any monthly invoice, the Contractor shall make any adjustments as necessary to achieve the stated percentage of pro bono services for each annual performance period in the last invoice of each annual performance period. On an annual basis, the Government will pay only the pro bono cost for the services that otherwise should have been covered through pro bono providers.

e. Equitable Distribution: The Contractor shall use innovative means and cost-saving methods to promote the equitable distribution of services to eligible UAC, ensuring that each child receives professional and robust representational services to the greatest extent possible.

f. Scalability: The Contractor shall provide scalable and responsive services to UAC throughout fluctuations in numbers of UAC referred to ORR, including during emergencies and periods of unusually high numbers of UAC entering ORR custody.

g. New Facility Response: The Contractor shall initiate services within 30 days of the Government's notice of a newly activated ORR facility (including regular, virtual, or emergency facilities such as Emergency Intake Facilities (EIF)).

h. Information Access: The Contractor shall coordinate with ORR staff and care provider staff to ensure access to information required for service delivery. Such information may include but not be limited to:

i. Timely notice of each child's entry into an ORR facility

ii. Transfers between ORR facilities/programs

iii. Notice of each child's release from ORR custody

iv. Up-to-date, accurate contact information for UAC to enable delivery of legal services required after release, including services designed to promote UAC's appearance before immigration court after release

i. Facility and Location Planning: The Contractor shall work with ORR to identify ORR shelter locations and high-release locations for planning purposes. Such information shall be provided at ORR’s discretion with the shared goal of meeting contract needs as delineated.

5. LEGAL SERVICES PERFORMANCE REQUIREMENTS AND TASKS

5.1 Objective I: Conduct Legal Orientations

a. Task Description The Contractor shall conduct legal orientations for UAC in ORR custody in accordance with 45 C.F.R. 410.1309(a)(2). These orientations shall inform UAC of their legal rights and responsibilities within the U.S. immigration system and shall be delivered by an independent legal service provider that has appropriate qualifications and experience.

b. Legal Orientation Performance Requirements

i. Legal Orientation Delivery Timelines: Legal orientations must be provided:

A. To all UAC in ORR care B. Within 10 business days of notification of a UAC's admission to an ORR facility or ORR funded out-of-network facility C. Within 10 business days of notification of a UAC's transfer to a new ORR facility or

ORR funded out-of-network facility (except ORR long-term foster care or ORR transitional foster care). When an extenuating circumstance exists (other than those two exceptions) that the Contractor cannot meet the 10 business day requirement, within 24-hours of knowing, the Contractor will request from the COR via email relief from the 10 business day requirement The COR will consider the circumstances provided by the Contractor and provide a determination of the request for relief.

D. Every six (6) months for unrepresented UAC who remain in ORR custody E. As soon as practicable for UAC released before receiving an orientation in custody

ii. Legal Orientation Method and Setting: A child in ORR's legal custody shall receive:

A. An in-person or audiovisual includes remote telephonic and video teleconference orientations, concerning the rights and responsibilities of undocumented UAC in the immigration system. The Contractor shall provide in-person orientations to the maximum extent practicable. However, when in-person orientations are not feasible, the Contractor shall develop and deploy audiovisual tools (e.g., recorded videos, online content) to ensure timely delivery of the legal orientation.

iii. Legal Orientation Content and Standards: The Contractor shall deliver legal orientations that include:

A. Information notifying UAC of their legal rights and responsibilities, including:

• Protections under child labor laws

• Services to which they are entitled, including educational services

B. Information regarding the availability of free legal assistance and that UACs may be represented by counsel at no cost to the Government

C. When a child requests legal counsel:

• The Contractor shall ensure that the child is provided with a list and contact information for pro bono counsel

• Reasonable assistance to ensure that the child is able to successfully engage an attorney at no cost to the Government D. Notification regarding:

• The Contractor's role and that of other agencies and people involved in the child's immigration matter

• The immigration court process

• The child's obligation to attend hearings

• The child's right to a removal hearing before an immigration judge

• The child’s ability to petition/apply for relief from removal and various forms of immigration relief commonly available to children, including:

o The child's ability to petition for Special Immigrant Juvenile (SIJ) classification o The child's ability to request that a juvenile court determine dependency or placement in accordance with 45 CFR 410.1209 o The ability to apply for asylum with United States Citizenship and Immigration

Services (USCIS) in the first instance o The transfer of custody to Department of Homeland Security upon reaching

18 years of age

• The ability to request voluntary departure in lieu of removal

• The ability to request repatriation in lieu of removal

• The child's right to a hearing before an independent HHS hearing officer, to determine, through a written decision, whether the child would present a risk of danger to self or to the community if released, as described at 410.1206(c) as well as 410.1903(a) and (b).

• The child’s legal rights and responsibilities, both in ORR custody and upon release

• Any ORR-mandated information

iv. Material Development and Modality of Delivery:

A. The Contractor shall maintain legally accurate and developmentally appropriate orientation materials, including scripts and written handouts.

B. The Contractor shall develop appropriate interactive audiovisual and/or online content for children to supplement orientation service delivery, including information to assist children with accessing legal services upon release from ORR custody.

C. The Contractor shall develop information to assist UAC with accessing legal services upon release from ORR custody.

D. The Contractor shall ensure orientation materials are available in a variety of languages relevant to UAC regularly served.

E. The Contractor shall ensure all orientation and supplemental material is aligned with attorney-ethics rules and includes jurisdiction-specific content.

F. Orientation materials must facilitate continuity of legal services.

G. Orientations may be conducted in group settings, coordinated with ORR care providers to avoid disruption to shelter operations. Group size and session duration must consider the UAC's age, literacy, and educational setting.

H. The Contractor shall make available copies of all orientation material to ORR.

v. Operational Requirements:

A. The Contractor's staffing model shall be flexible and able to accommodate periods of influx when larger numbers of UAC are in ORR care.

B. The Contractor shall provide additional orientations at the direction of ORR.

c. Reporting Requirements: The Contractor shall provide data detailing the delivery of all services under this Objective per PWS 5.4.b.i., 5.4.c, and as a monthly report to the COR.

5.2 Objective II: Conduct Legal Consultations

a. Task Description The Contractor shall provide confidential legal consultations to UAC in ORR custody to assess potential forms of relief from removal and other case disposition options in accordance with 45 C.F.R. 410.1309(a)(2). These consultations shall be conducted by a qualified attorney, a paralegal under the supervision of an attorney, or a U.S. Department of Justice (DOJ) accredited representative.

b. Performance Requirements

i. Legal Consultation Delivery Timelines: Legal consultations must be provided:

A. To all UAC in ORR care B. Within 10 business days of notification of a child's first admission to an ORR facility or

ORR funded out-of-network facility C. Within 10 business days of notification of a child’s transfer to a new ORR facility of funded out-of-network facility (except for ORR long-term foster care or ORR transitional foster care). When an extenuating circumstance exists (other than those two exceptions) that the Contractor cannot meet the 10 business day requirement, within 24-hours of knowing, the Contractor will request from the COR via email relief from the 10 business day requirement The COR will consider the circumstances provided by the Contractor and provide a determination of the request for relief.

D. Every six (6) months for unrepresented UAC who remain in ORR care

ii. Legal Consultation Method, Setting and Confidentiality: The Contractor shall deliver legal consultations in a manner that maintains confidentiality. UAC in ORR care shall be able to conduct private communications with their attorney of record, DOJ Accredited Representative, or legal provider in a private enclosed area that allows for confidentiality for in-person, virtual, or telephonic meetings.

iii. Content and Standards of Delivery:

A. The Contractor shall deliver legal consultation to determine and provide the minor an individualized assessment that includes, but is not limited to:

• Possible forms of relief from removal in relation to the UAC’s immigration case

• Possible forms of affirmative immigration relief (e.g., asylum, Special Immigrant

Juvenile status)

• Other case disposition options as described in 5.1.b.iii.D

• The UAC's stated preferences and best interests

B. The Contractor shall deliver a tailored legal consultation service to vulnerable UAC, consistent with relevant programmatic requirements regarding access to ORR services and providing services in a manner tailored to UACs’ individualized needs (see generally 45 CFR part 410), including with respect UAC who may be unable to engage in traditional legal consultation such as:

• Tender age UAC (under age 13)

• UAC with disabilities, including UAC with developmental delays UAC

• UAC with other vulnerabilities and complexities

C. For UAC who may be unable to effectively communicate with the Contractor, including tender age UAC, UAC with disabilities, or UAC who have experienced significant trauma, the Contractor shall:

a. Gather information from adults with knowledge of the child's circumstances to assess the child's immigration-related case and need for appropriate and necessary services supportive of the legal case

b. Coordinate with ORR staff and care provider staff to identify such UAC and to access contact information necessary to conduct the required legal consultation

c. Collaborate with assigned UAC advocates and ORR care providers where possible, to ensure UAC receive appropriate and necessary services

D. The Contractor shall deliver repeat legal consultations in a manner tailored to the individual UAC and designed to limit re-traumatization, such as by using the previous legal consultation notes as a starting point for the repeat legal consultation.

iv. Continuation of Consultation Across Transfers:

A. To promote continuity of services, the Contractor shall seek consent during each legal consultation to share information the UAC provides for the purpose of referring that UAC to a separate legal provider upon the UAC's transfer or release

B. The Contractor shall facilitate secure transfer of prior legal consultation notes from one legal provider to another in the event of transfer or release

v. Requirement for Additional Consultation: At ORR’s request, the Contractor must provide any additional legal consultation for a UAC if the UAC has been identified as:

A. A potential victim of a severe form of trafficking B. Having been abused, abandoned, or neglected C. Having been the victim of a crime or domestic violence D. Persecuted or in fear of persecution due to race, religion, nationality, membership in a particular social group, or for a political opinion

vi. Legal Consultation Follow-up Services: At the request of a case manager or ORR, the Contractor shall prepare a recommendation for preferred placement states for a UAC being considered for transfer to LTFC, in consultation with and given the consent of the UAC. Ideally, the list of recommended states will be ranked in order of the best location for the UAC to continue immigration proceedings. The recommendation, or alternatively, notice that the UAC does not consent, shall be provided to the UAC's case manager within 14 days of the initial request by a case manager. ORR may consider the Contractor’s recommendation in making placement decisions but is not required to adopt the recommendation.

vii. Template Development and Approval: The Contractor shall approve all provider legal consultation templates prior to use and provide copies to ORR.

c. Reporting Requirements: The Contractor shall provide data detailing the delivery of all services

5.3 Objective III: Provide Direct Legal Representation and Legal Assistance

a. Task Description To the extent required by law, and to the extent subject to ORR’s discretion and to available appropriations, the Contractor shall offer access to direct legal representation to UAC in accordance with 45 C.F.R. 410.1309(a)(4), at the percentage included in their proposal (to be specified at the time of award) of the total cost of all direct representation services provided (in care and post release; not including Other Legal Services at PWS 5.3 b ix) delivered through pro bono counsel which must be attorneys that ORR does not fund (see example in 4.1).

Services shall be delivered by qualified attorneys in good standing with the bar and licensed in the jurisdiction where representation occurs, or by DOJ-accredited representatives, in accordance with 45 C.F.R. 410.1309(a)(4) and applicable ORR policies.

If the Contractor fails to recruit and retain pro bono attorneys to provide at the percentage established at the time of award on any monthly invoice, the Contractor shall make any adjustments as necessary to achieve the stated percentage of pro bono services for each annual performance period in the last invoice of each annual performance period. On an annual basis, the Government will pay only the pro bono cost for the services that otherwise should have been covered through pro bono providers.

Pursuant to the TVPRA at 8 USC 1232(c)(5), HHS is generally required to “ensure, to the greatest extent practicable” and consistent with 8 USC 1362 (i.e., “at no expense to the Government”) that UAC have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking—making every effort to utilize the services of pro bono counsel who agree to provide representation to such children without charge.

Consequently, ORR may, under certain circumstances, discontinue funding direct representation services under this task.

b. Direct Legal Representation Performance Requirements:

i. Scope of Representation:

A. Provide full-scope legal representation for UAC in immigration proceedings, including appeals and motions B. Represent children in proceedings before Immigration Court, Board of Immigration

Appeals (BIA), and U.S. Department of Homeland Security (DHS) C. Assist UAC in pursuing relief including:

• Special Immigrant Juvenile (SIJ) Status

• Asylum

• T Visa

• U Visa

• Violence Against Women ACT (VAWA)

• Adjustment of Status

• Temporary Protected Status (TPS)

• Naturalization

• Other Legal Services

D. Assist UAC with the following additional immigration-related services:

• Voluntary Departure

• Repatriation

• Change of Venue / Address Filings

• Filings for Employment Authorization

E. Assist UAC in non-immigration related matters, including, but not limited to:

• ORR appellate procedures, including Placement Review Panel and risk determination hearings

• For purposes of judicial bypass or similar legal processes as necessary to enable an unaccompanied child to access certain lawful medical procedures that require the consent of the parent or legal guardian under State law, and when the unaccompanied child is unable or unwilling to obtain such consent

• In state juvenile court proceedings, when the unaccompanied child already possesses SIJ classification

F. Refer UAC to qualified legal services providers, as appropriate

ii. Eligibility for Representation: The Contractor shall offer representation to:

A. Unrepresented UAC who become enrolled in the ORR Unaccompanied Refugee

Minors (URM) Program, provided they have not yet obtained immigration relief or reached 18 years of age at the time of retention of an attorney

B. UAC in ORR care who are in proceedings before EOIR, including UAC seeking voluntary departure, and for whom other available assistance does not satisfy the legal needs of the individual UAC

C. UAC released to a sponsor residing in the defined service area of the same legal service provider who provided the UAC legal services in ORR care, to promote continuity of legal services

iii. Population Prioritization: The contractor shall make efforts to prioritize direct legal representation of certain classes of UAC, including:

A. Tender age UAC (under age 13) B. Survivors of human trafficking C. UAC who are eligible for asylum or other forms of immigration relief D. Survivors of serious crimes E. Other UAC who can be categorized as particularly vulnerable

iv. Timing of Representation: Direct legal representation of the UAC shall be initiated prior to the UAC’s 18th birthday and before immigration relief is granted.

v. Universal Provision for UAC While in ORR Custody:

A. The Contractor shall provide in-person or remote courtroom assistance to all UAC scheduled for immigration court while in ORR custody.

B. Direct representation shall occur in person at the identified immigration court and/or via Video Technology Communication (VTC) for all hearings.

C. Form of Assistance: The Contractor may provide assistance in the form of a "limited representation" appearance that lasts for the duration of a single hearing, or some similar alternative allowed by the EOIR.

D. Case Preparation: The Contractor shall coordinate with ORR or the care provider to gather information required for the Contractor to fulfill its court assistance function before EOIR. This includes gathering up-to-date information related to a UAC’s anticipated transfer or reunification with a sponsor, such as projected timeline.

vi. Proof of Representation: The Contractor shall:

A. Ensure the entry of all attorneys of record are timely filed with EOIR, DHS, and with any other tribunal or administrative agency requiring notice of representation.

B. Ensure timely notice of representation to ORR in the designated system of record

(designated by the COR) and care provider staff, including by submission of a Form L-3 Notice of Attorney Representation (See Section 11 Deliverable Table)

vii. Funding Constraints and Resource Management: The Contractor:

A. Shall maximize use of non-federal funding and cost-saving strategies to provide services.

B. Shall prioritize ORR-funded representation for UAC currently in care.

C. Is prohibited from using contract funds for unrelated legal matters or litigation against the U.S. Government unless expressly authorized by ORR in advance.

D. Shall provide ORR with funding details and cost data through dashboards and direct

API connection to existing ORR applications. The exact data to be collected will be collaboratively agreed upon with the Government after award.

viii. Continuity of Representation and Referral Resources:

A. The Contractor shall provide a legal referral for unrepresented UAC in ORR custody upon a UAC's transfer between ORR facilities.

B. For any represented UAC who leaves a legal provider’s defined service area prior to the resolution of the UAC's immigration case, the Contractor shall provide a referral to a legal representative in the new location of the child's residence.

C. The Contractor shall maximize efforts to provide legal referrals for each UAC consistent with identified legal relief and the jurisdiction where the UAC resides.

D. The Contractor shall create a State-by-State list of free legal service providers, at minimum, compiled quarterly, to be given to UAC.

E. The Contractor shall establish a referral mechanism for UAC released from ORR custody who might later experience human trafficking or other victimization related to the UAC's unaccompanied or immigration status.

ix. Other Legal Services:

A. Category includes representation and actions and advice not otherwise captured in specifically priced categories identified elsewhere. Includes employment authorization applications.

B. Prior authorization from COR required based on Rough Order of Magnitude cost and justification provided by the Contractor.

C. Other Legal Services provided by the Contracor do not apply to the minimum amount of pro bono service requirements established at time of award; however this does not preclude the Contractor to providing Other Legal Services through pro bono.

Other Legal Services Legal Service Provider Labor Category Descriptions (See also PWS 4.3 Personnel Qualifications)

Labor Category Summary Key Responsibilities

Minimum Education

Requirements Minimum Experience

Requirements Legal Service Provider

– Junior

Supports the delivery of immigration legal services to unaccompanied alien children under the supervision of senior legal staff.

This entry-level role focuses on assisting with legal screenings, documentation, and client communications.

Positions include Paralegals, trained Administrative and Analyst personnel, as well as law school students.

• Conduct initial legal screenings and intake interviews with UACs.

• Assist in preparing immigration forms and supporting documentation.

• Provide administrative and clerical support to attorneys and legal teams.

• Participate in Know Your Rights

(KYR)

presentations and legal orientations.

• Maintain accurate case files and data entry in case management systems.

• Bachelor’s degree in a relevant field (e.g., Political Science, Social Work, Criminal Justice, or Paralegal Studies).

• Paralegal certification preferred but not required

• Minimum of 1 year of experience in a legal, social services, or immigration-related setting.

• Experience working with children or vulnerable populations preferred.

• Bilingual proficiency (Spanish/English or other relevant languages) strongly preferred.

Legal Service Provider

– Entry Level Attorney and Mid-grade

Provides direct legal representation to UACs in immigration proceedings. This role requires independent case management and courtroom advocacy.

• Represent UACs in immigration court and before USCIS.

• Conduct legal research and draft legal briefs, motions, and affidavits.

• Develop legal strategies and manage a caseload of UAC clients.

• Collaborate with social workers, case managers, and other stakeholders.

• Juris Doctor (JD) from an accredited law school.

• Admission to practice law in any U.S.

jurisdiction

OR

• U.S.

Department of Justice

(DOJ)

accreditation

• Minimum of 2 years of experience practicing immigration law, with at least 1 year focused on children or asylum cases.

• Demonstrated experience in removal defense and humanitarian immigration relief.

• Trauma-informed care training or experience working with children preferred.

c. Specific Performance Requirements for Pro Bono Network Development and Management:

i. Network Composition:

Other Legal Services Legal Service Provider Labor Category Descriptions (See also PWS 4.3 Personnel Qualifications)

Labor Category Summary Key Responsibilities

Minimum Education

Requirements Minimum Experience

Requirements

• Mentor junior staff and contribute to training initiatives.

• Bilingual proficiency (Spanish/English or other relevant languages) strongly preferred.

Legal Service Provider

– Senior

Leads legal service delivery for UACs, oversee legal teams, and ensure compliance with federal standards and best practices.

This role includes strategic oversight, complex case management, and coordination with federal agencies.

• Supervise legal staff and oversee quality assurance of legal services.

• Handle complex immigration cases, including appeals and federal litigation.

• Develop and implement legal protocols and training programs.

• Liaise with federal agencies, courts, and partner organizations.

• Provide technical assistance and policy guidance to subcontractors and stakeholders.

• JD from an accredited law school.

• Admission to practice law in any U.S.

jurisdiction.

• Minimum of 7 years of experience in immigration law, including 3 years in supervisory or leadership roles or 10 years of experience practicing immigration law.

• Extensive experience representing children in immigration proceedings.

• Proven ability to manage multidisciplinary teams and coordinate with government entities.

• Expertise in SIJS, asylum, T/U visas, removal defense, and other forms of relief.

• Bilingual proficiency (Spanish/English or other relevant languages) strongly preferred

A. The Contractor shall establish and maintain a network of qualified volunteer pro bono attorneys and other legal representatives to provide direct representation to UAC in and released from ORR care at the percentage included in their proposal (to be specified at the time of award) of the total cost of all direct representation services provided (in care and post release; not including Other Legal Services at PWS 5.3 b ix) services shall be delivered through pro bono counsel which must be attorneys that ORR does not fund (see example in 4.1). ). If the Contractor fails to recruit and retain pro bono attorneys to provide at the percentage established at the time of award on any monthly invoice, the Contractor shall make any adjustments as necessary to achieve the stated percentage of pro bono services for each annual performance period in the last invoice of each annual performance period. On an annual basis, the Government will pay only the pro bono cost for the services that otherwise should have been covered through pro bono providers.The Contractor shall build and maintain a roster of attorney and non-attorney volunteers who can provide legal services under the Contractor's supervision, as required, for any UAC or cases suitable for pro bono involvement.

ii. Pro Bono Attorney Screening:

A. The Contractor shall screen and regularly update the screening of each volunteer to ensure they meet appropriate standards for providing services under the contract B. The Contractor shall assess prospective pro bono attorneys' skills, experience, availability, and suitability for working with children C. The Contractor shall 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, district and/or territory

• Not subject to any disciplinary matters that call into question fitness to represent

UAC in their immigration case

iii. Mentorship and Support:

A. The Contractor shall identify, train, and deploy a network of volunteer, pro bono attorneys and other legal representatives to service UAC.

B. This network shall support UAC in, and released from, ORR care.

iv. Pro Bono Services Plan: The pro bono services plan, to be submitted as part of the Contractor’s proposal during the solicitation process, shall detail the strategy for the timely recruitment, training, and deployment of personnel to support the delivery of pro bono services.

d. Reporting Requirements: The Contractor shall provide data detailing the delivery of all services

5.4 Objective IV: Data Collection, Analysis, and Reporting

a. Task Description The Contractor shall establish and maintain a comprehensive data collection, analysis, and reporting system to support program oversight, performance monitoring, and continuous improvement. Data shall be collected in accordance with ORR policies and reported in accordance with the Section 11, Deliverables. The Contractor shall use this data to identify trends, assess service delivery effectiveness, and provide actionable recommendations to ORR.

All data collected under this contract shall be made available through dashboards and direct connection to existing ORR platforms and tools (APIs). Data shall be made available in a structured, searchable database format (Parquet, JSON, XML, or CSV as appropriate for system integration).

b. Performance Requirements

i. Data Collection and Data Management Infrastructure and Systems: The Contractor shall maintain a data collection and management system that (1) ensures compliance with ORR reporting requirements, and (2) centralizes all information related to each individual UAC including, but not limited to, the UAC’s biographical information (e.g., name, date of birth, country of birth, A Number and other assigned ORR unique identifier(s), information about assigned legal services representative, detailed information about the services provided pursuant to this PWS, case status, case deadlines, case progress, and case outcomes or final dispositions). Data entry into the system must be concurrent with services provided. The Contractor must maintain all data and information related to individual legal services and shall not delete, destroy, or permanently remove any data of throughout the duration of this Contract and for the time further required by section 9.7 of this PWS.

ii. Secure Data Reporting Infrastructure: The Contractor shall maintain a secure and scalable data infrastructure and computing environment that enables:

A. Raw data ingestion from disparate sources B. Extract-transform-load (ETL) processes to clean, organize, and connect data from various sources C. Analysis of quantitative data at a scale appropriate for the work completed

iii. System Capabilities: The Contractor's data environment shall be able to respond and adapt to:

A. Changes to service areas B. Service delivery modifications C. Policy changes D. Fluctuations in volume E. Emergency response services F. Other adaptations to program services described in the PWS

iv. This infrastructure shall be capable of ingesting, housing, and where necessary, securely merging data from multiple sources in compliance with appropriate government regulations.

v. Data Integrity:

A. The Contractor shall provide training and documentation on data entry into the platform.

B. The Contractor shall communicate regularly with LSPs to ensure quality of data entry practices and data.

C. The Contractor shall additionally provide a venue for LSPs to report issues and ask questions that arise over the course of data collection and entry.

c. Data Categories, Metrics, Analysis, and Reporting:

The Contractor shall collect, analyze, and report quantitative and qualitative data on services performed ("program data") in fulfillment of this PWS as follows:

i. Legal Orientation Metrics: The Contractor shall report to ORR the following individual and general analysis related to delivery of legal consultations:

A. Individualized Information:

• Dates of orientation sessions

• Location of orientation sessions

• The language(s) orientation provided

• Number of minor participant(s)

• A Number of UAC recipients

• Other information sufficient to confirm the Contractor delivered the orientation(s) during required timeframes

• Legal Provider(s) (individual and organization) delivering orientation

B. General Analysis:

• Number of UAC receiving a legal orientation

• Number of legal orientations delivered

• Average length of time to provide legal orientations to UAC

• An analysis of the barriers and constraints to delivering orientations

• An analysis of orientation effectiveness (e.g. post training evaluation)

ii. Legal Consultation Metrics: The Contractor shall report to ORR the following information related to delivery of legal consultations

A. Individualized Information:

• Number of UAC provided a consultation

• A Number of UAC recipients

• The language consultation provided in

• Name of the legal provider (individual and organization) providing the service

• Date of legal consultation

• Location of legal consultation

B. General Analysis:

• Number of minors receiving a legal consultation

• Number of legal screenings delivered

• Average length of time to provide legal orientations to UAC

• An analysis of the barriers and constraints to delivering consultations

• Deidentified client information, regarding outcome of legal consultation (e.g.

advice and counsel provided, referral for direct representation)

• Numbers and statistics related regarding referrals for direct representation following legal consultation, including whether legal provider is providing:

• Full scope representation with removal defense and affirmative remedies post release from ORR custody

• Limited scope representation, including:

• Services only while in ORR custody

• Court appearances only

iii. Direct Legal Representation Metrics: The Contractor shall report to ORR the following information related to direct representation:

A. Individual…