Attachment B - Section C- Performance Work Statement (PWS) UAC Legal Services_20260515.docx

Attachment B - Performance Work Statement (PWS) UAC Legal Services Dated May 13, 2026

C.1 Background C.1.1 ORR’s Role and Statutory Authority The Office of Refugee Resettlement (ORR), within the Administration for Children and Families (ACF), is responsible for providing temporary shelter care and child welfare-related services to unaccompanied alien children (UAC) who are subject to immigration proceedings or removal from the United States. ORR receives referrals of UAC from other federal agencies and places UAC in 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. As relevant to this requirement, the TVPRA requires the Secretary to ensure, to the greatest extent practicable, and consistent with 8 U.S.C. 1362, 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). The law 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 rules for providing legal services to UAC are also found in 45 C.F.R. 410.1309.

C.2 Objectives The Contractor shall provide legal services in accordance with the terms and conditions of this contract, for eligible UAC per PWS Section C.4.2.4.1 who are currently in, or have been released from, ORR custody. Legal services begin once ORR takes custody of a UAC for placement into an ORR facility and ends when the UAC turns 18 years of age (direct representation after the child turns 18 can continue only to complete services initiated prior to the 18th birthday), when disposition of the child's immigration case results in the child being granted lawful immigration status, a final order of removal, a voluntary departure order, or other repatriations. Legal services may be required after a UAC is released from ORR custody, but such services are limited to the cases provided for under 45 CFR 410.1309(a)(4).

C.3 Scope The Contractor shall deliver nationwide services to UAC and perform services that address the legal needs of UAC and satisfy the Government’s requirements. (See Attachment D, ORR Facilities by State.) The Contracting Officer’s Representative (COR) will update this listing as shelters and care providers move in and out of ORR’s system.

1. Transition-In In accordance with C.4.2.1, Task I, the Contractor shall utilize a structured process to assume full operational responsibility from the incumbent contractor without disruption to services for up to approximately 24,000 active cases of UAC currently or formerly in ORR care. Each UAC may have more than one active case.

2. Legal Orientations In accordance with C.4.2.2, Task II, the Contractor shall conduct a legal orientation to inform UAC of their rights and responsibilities within the immigration system.

3. Legal Consultations In accordance with C.4.2.3, Task III, the Contractor shall conduct one-on-one legal consultations to assess each UAC’s eligibility for immigration relief.

4. Direct Legal Representation In accordance with C.4.2.4, Task IV, the Contractor shall provide direct legal representation, to the extent required by law, and subject to ORR’s discretion and available appropriations.

5. Legal Service Provider (LSP) Network Management In accordance with C.4.2.5, Task V, the Contractor shall manage and oversee a nationwide network of qualified LSPs delivering services to UAC, both funded and pro bono. Network management includes quality control, performance monitoring, and coordination across the network. The contractor shall ensure timely and consistent legal orientations, legal consultations, direct legal representation, and data collection, analysis, and reporting related to the Contractor’s LSP network management.

6. Data Collection, Analysis, and Reporting In accordance with C.4.2.6, Task VI, the Contractor shall 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, real time case status, and monthly reporting of pro bono and total hours by case/A Number and service type. All data required to be reported under this contract shall be made available through dashboards and direct connection to existing ORR platforms and tools, including application programming interfaces (APIs).

The Contractor shall maintain complete, accurate, and auditable documentation of all legal services provided across the lifecycle of each UAC case, including services provided after release, where applicable.

7. Pro Bono Maximization In accordance with C.4.2.7, Task VII, the Contractor shall maximize the use of pro bono in the delivery of legal services: Task II Conduct Legal Orientations (C.4.2.2), Task III Conduct Legal Consultations (C.4.2.3), and Task IV Direct Legal Representation Services (C.4.2.4).

8. Transition-Out:

In accordance with C.4.2.8, Task VIII, at the conclusion of this contract, the Contractor shall transfer all operational responsibilities, data, and knowledge to the incoming contractor and/or the Government, ensuring continuity and no degradation of services C.4 Requirements C.4.1 General Requirements

1. Qualified Personnel Legal orientations, legal consultations, and direct legal representation, including pro bono representation, shall be provided by qualified personnel who meet professional standards and comply with all applicable tribunal and contract requirements. Qualified personnel providing direct legal representation shall ensure continuous representation and compliance with all court and administrative appearance requirements for each assigned UAC. Qualified personnel include:

A. Attorneys eligible to practice law in the jurisdiction where they practice and a member in good standing of the bar of the highest court(s) of the state(s), possession(s), territory(ies), commonwealth(s), or the District of Columbia B. A representative accredited to appear before the Executive Office for Immigration Review (EOIR) as defined in 8 C.F.R. § 1292.1(a)(4) C. A law student or law graduate of an accredited U.S. law school as defined in 8 C.F.R. § 1292.1(a)(2) under the supervision of an attorney.

D. A paralegal or legal assistant under the supervision of an attorney may provide legal orientations and may also assist with other services in accordance with the rules of professional conduct and ethical responsibilities of the applicable jurisdiction.

2. Interpretation, Translation, and Accessibility The Contractor shall ensure all services performed under this contract are available in the language necessary to provide services to the UAC. This includes bilingual/multilingual staff and access to language/interpretive services within the timeframes specified in each individual task listed under section C.4.2.

A. The Contractor shall deliver legal services in a language in which the UAC reports to have fluency/is best understood by the UAC.

B. The Contractor shall provide and utilize technological solutions, including hardware, communications applications, and language lines needed to facilitate communication with UAC and program staff.

3. Attorney Ethics Conflicts Management The Contractor shall develop and implement written policy and procedures to identify and resolve attorney-ethics conflicts of interest. In the event of a conflict precluding qualified personnel as defined in C.4.1 from delivering required services to an individual UAC, the Contractor shall ensure that the UAC receives the required services from alternate qualified personnel and in accordance with the Contractor’s professional responsibilities, within 10 business days of the identification of the conflict of interest. Where a legal service provider identifies an ethical or similar issue that may materially affect delivery of the required legal representation services, the contractor shall provide written notification (including an explanation of the circumstances and the potential impact to service delivery) to the COR within 24 hours of identification of the issue.

4. Service Delivery Principles Throughout performance, the Contractor shall adhere to the following legal service delivery principles:

A. 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.

1. The Contractor shall ensure that legal services are attuned to the varied and individual needs of UAC, including being delivered in a manner that is developmentally appropriate, trauma-informed, and culturally appropriate.

B. Continuity of Legal Services: The Contractor shall coordinate with ORR staff and care provider staff to promote continuity of legal services to eligible UAC throughout and after ORR custody, including potential referrals, in accordance with the Contractor’s professional responsibility to the UAC clients. The Contractor shall ensure continuity of legal representation such that all UACs are not left unrepresented at any stage of legal proceedings, including during provider transitions, geographic relocation, or staffing changes.

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

D. Scalability: The Contractor shall provide services to eligible UAC throughout fluctuations in numbers of UAC referred to ORR.

C.4.2 Specific Tasks (Reference Column C in of the Pricing Sheet for associated Item Numbers) C.4.2.1 Task I: Transition In [Pricing Worksheet Item 17] (Base Year Only) Transition-in is a structured process by which the incoming contractor assumes full operational responsibility from the incumbent contractor without disruption to services for up to approximately 24,000 active cases on behalf of UAC currently in ORR care or released from ORR care. Cases eligible for transition will be determined as direct representation to UACs who are currently in, or have been released from, ORR custody and who have not left the United States so long as representation was initiated prior to the UAC 18th birthday and prior to immigration relief being granted. Direct representation after the child turns 18 can continue only to complete services initiated prior to the 18th birthday. The Contractor shall ensure continuity, data integrity, and compliance with minimum disruption and completion of all transition in activities within 120 calendar days of award (or sooner).

1. Requirement: The Offerors shall provide a transition in plan as part of their proposal. The transition in plan shall describe how the Contractor will ensure no interruption to case services or statutory timeframes. The Contractor shall also present its transition-in plan at the contract kick-off meeting as identified in C.5.1.4.

2. Performance: The Contractor shall ensure that there is no service degradation during transition in. During transition in, the Contractor shall minimize disruption using a phased migration of cases and documenting the status weekly during the 120-day transition-in phase. At completion of transition-in, the Contractor shall be fully staffed and fully performing the requirements of the contract. Upon completion of the transition in, the Contractor shall notify the COR that transition in has been completed. The notice shall be in writing and include the listing of all cases by A Number and type of direct legal representation service (see C.4.2.4) and status of that service. The status must include sufficient information to ensure an ethical transition of the case, including the information necessary for the COR to ascertain which major actions have been taken in the case and the major actions that remain and will be assumed by the new contractor. In addition to submission of this information to the COR, the Contractor shall submit it via Application Program Interfaces (API).

C.4.2.2 Task II: Conduct Legal Orientations [Pricing Worksheet Item 1 [Firm Fixed Unit Price] A Legal Orientation is a presentation concerning the rights and responsibilities of UAC in the immigration system. The Contractor shall conduct legal orientations for 100% of UAC in ORR custody in accordance with the requirements specified in 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 individuals under the supervision of a legal service provider. (Note: For pricing purposes, the unit of issue is one legal orientation session conducted in accordance with this section, regardless of the number of UAC participants that attend the legal orientation session.)

C.4.2.2.1 Requirements for Conducting Legal Orientations The Contractor shall provide legal orientation sessions upon notification by UAC care providers or ORR at a firm fixed unit price. Direct communication between UAC care providers and the Contractor is necessary for notification of UAC requiring orientations and communication regarding any UAC special needs. Notifications of UAC requiring orientations will primarily come from the UAC care provider directly to the Contractor, or as directed by the COR. Notification may occur via email, by an in-writing method coordinated between the UAC care provider and Contractor, or by a method established by the COR after award. The Contractor shall notify the COR of all scheduled legal orientations to include the date and time on which they occur and any changes to the legal orientation schedule. The Contractor shall maintain verifiable documentation of each legal orientation session, including date, time, location or modality, language(s) used, identity of the presenter, and A Numbers of the participating UAC.

1. Legal Orientation Delivery Minimum Required Timelines:

Legal orientations shall be provided to all UAC in ORR care within the timelines identified below:

A. Within 10 business days of notification of a UAC admission to an ORR facility or ORR funded out-of-network facility.

B. If an extenuating circumstance exists and the Contractor cannot meet the 10-business day requirement or cannot perform the service, before the 10-business day requirement specified in 1(A) is over, and within 24 hours of becoming aware of such extenuating circumstances, the Contractor shall submit a written request to the COR via email to request relief from the 10 business day requirement or from the requirement to perform the service, as appropriate. In a request for a delay, Contractor shall provide the timeline to perform the legal orientation. The Contractor shall perform the orientation within the time approved by the COR.

C. Every six (6) months for unrepresented UAC who remain in ORR custody.

D. For UAC released before receiving an orientation in custody, the Contractor shall follow up with the UAC as soon as practicable (but no later than 10 business days) to complete the presentation.

2. Legal Orientation Method and Settings Minimum Requirements:

Consistent with 45 CFR 410.1309(c)(1), the preferred delivery method of providing legal orientations is in-person. The Contractor may use audiovisual tools (e.g., recorded videos, online content) and allow for active communication between the legal service provider and the UAC receiving the orientation following the orientation video/online presentation. The Contractor shall develop the audiovisual tools necessary to provide legal orientations to UAC (e.g., recorded videos, online content) and submit to the COR for approval within 30 calendar days of contract award.

3. Legal Orientation Content and Standards Minimum Requirements:

A. The Contractor shall deliver legal orientations to UAC that, at a minimum, include:

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

a. Protections under child labor laws.

b. Services to which they are entitled, including educational services.

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

B. When a child requests legal counsel, the Contractor shall ensure the care provider receives a list and contact information for pro bono counsel to be provided to the child. At a minimum, the list provided to the UAC shall include.

1. Notification regarding:

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

b. The immigration court process;

c. The child's obligation to attend hearings;

d. The child's right to a removal hearing before an immigration judge; and

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

i. The child's ability to petition for Special Immigrant Juvenile (SIJ) classification;

ii. The child's ability to request that a juvenile court determine dependency or placement in accordance with 45 CFR 410.1209;

iii. The ability to apply for asylum with United States Citizenship and Immigration Services (USCIS) in the first instance; and

iv. The transfer of custody to Department of Homeland Security upon reaching 18 years of age.

2. Notification regarding the UAC’s ability to request voluntary departure in lieu of removal.

3. Notification regarding the UAC’s ability to request repatriation in lieu of removal.

4. Notification regarding 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 45 CFR 410.1206(c) as well as 410.1903(a) and (b).

5. Notification regarding the child’s legal rights and responsibilities, both in ORR custody and upon release.

6. Any additional ORR-mandated information as communicated to the Contractor in writing by the COR or CO (e.g. email).

C. The Contractor shall create a State-by-State list of free legal service providers, at minimum, compiled quarterly, to be given to UAC at the Legal Orientation required by C.4.2.2.1 3.

D. The Contractor shall develop a general script that may be adapted by LSPs to include jurisdiction-specific information. The general script must be submitted to the COR for review and approval within 30 calendar days of contract award. Adapted scripts for jurisdiction-specific information are not required to have prior COR approval, but the adapted scripts shall be made available to the COR within 72 hours upon request.

E. The Contractor shall provide proposed changes to presentation content to the COR for approval no less than 10 business days prior to first target use date. Where it is impracticable to request advance COR approval for revisions to presentation content (i.e., to timely implement changes to relevant law or policy, timely comply with a court order or other legal directive, or similar circumstances), the Contractor may amend pre-approved materials without prior COR approval. The Contractor shall provide the revised material to the COR within five (5) business days of the change, to include a written explanation of the basis for the change. Costs associated with changes to presentations shall not be passed on to the Government.

· Unless otherwise provided in the PWS, any deviation from pre-approved content requires prior written approval from the COR. The cost of the deviation shall not be passed on to the Government.

4. Material Development and Modality of Delivery Requirements:

A. The Contractor shall, at a minimum, develop and maintain legally accurate and developmentally appropriate orientation materials, including scripts (standardized presentation text) and written handouts.

B. The Contractor shall ensure orientation materials are available in the languages necessary to comply with the requirements of C.4.1.2, Interpretation, Translation, and Accessibility.

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

D. Orientation materials shall promote and facilitate continuity of legal services.

E. Consistent with 45 CFR 410.1309(c)(1), in-person meetings are the preferred method of providing orientations. Where appropriate, the Contractor may conduct orientations by alternative means (e.g., telephonically, by teleconference, virtually). Group size and session duration shall consider the UAC characteristics, including age, developmental stage, literacy level, disability status, trauma history, language needs, and educational background. Following any orientation video/online presentation, the Contractor shall allow active communication between the LSP and the UAC receiving the orientation, to allow UAC to ask the LSP general questions related to the orientation content.

5. Operational Requirements Minimum Requirements:

A.) The Contractor's staffing model for legal orientations shall be flexible and able to accommodate fluctuation in the daily totals of UAC referred to ORR care and requiring legal orientations.

B.) Reporting Requirements: The Contractor shall provide the legal orientation data specified in Section C.4.2.6 in its monthly report submitted to the COR under C.5.4.1. (See F.4, Deliverables Schedule and Performance Requirement Summary Table) C.4.2.3 Task III: Conduct Legal Consultations (Pricing Worksheet Item 2) [Firm-Fixed Unit Price] A Legal Consultation is an opportunity for qualified personnel to meet with a UAC (and where appropriate, informational interviews or similar activities with adults knowledgeable about the child’s circumstances relevant to the legal case assessment are considered part of the legal consultation service) and assess options related to their legal case. The Contractor shall provide confidential legal consultations to 100% of 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). (Note: For pricing purposes, the unit of issue is one session with one individual UAC conducted in accordance with this section.)

C.4.2.3.1 Requirements for Conducting Legal Consultations Legal Consultations shall be performed at a firm fixed unit price. A legal consultation session is defined as a discrete interaction with one individual UAC which is conducted only to assess potential forms of relief from removal and other case disposition options in accordance with 45 C.F.R. 410.1309(a)(2). Where appropriate, informational interviews or similar activities with adults knowledgeable about the child’s circumstances relevant to the legal case assessment are considered part of the legal consultation service. Legal Consultations must be performed by qualified personnel as specified in C.4.1. A Legal Consultation is not meant to substitute for full-scope representation of a UAC in ORR care; rather, its purpose is to assess the possibility of legal relief prior to full scope legal representation.

The Contractor shall schedule legal consultation meetings with UAC that are admitted to an ORR facility or an ORR-funded out-of-network facility, and when otherwise directed by the COR. The Contractor shall provide legal consultations upon notification by UAC care providers or ORR. Direct communication between UAC care providers and the Contractor is necessary. Notification may occur via email, by an in-writing method coordinated between the UAC care provider and Contractor, or by a method established by the COR after award. The Contractor shall notify the COR of all scheduled legal consultations to include the date and time and any changes to the legal orientation schedule.

The Contractor shall provide legal consultations within the required timeframes, as follows:

1. Legal Consultation Minimum Required Timeframes:

A. The Contractor shall provide legal consultations to UAC within ten (10) business days of notification as described in C.4.2.3.1.

B. If an extenuating circumstance exists and the Contractor cannot meet the 10-business day requirement or cannot perform the service, before the 10-business day requirement specified in A.) is over, and within 24 hours of becoming aware of such extenuating circumstances, the Contractor shall submit a written request to the COR via email to request relief from the 10 business day requirement or from the requirement to perform the service, as appropriate. In a request for a delay, Contractor shall provide the timeline to perform the legal consultation within the time specified by the COR.

2. Legal Consultation Method, Setting, and Confidentiality Minimum Requirements The Contractor shall deliver legal consultations to UAC in a manner that maintains confidentiality in accordance with professional legal standards.

3. Content and Standards of Delivery Minimum Requirements:

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

1. Possible forms of relief from removal in relation to the UAC immigration case (including Special Immigrant Juvenile Status)

2. Other case disposition options as described in C.4.2.4, Task IV: Direct Legal Representation Services

3. The UAC’s stated preferences and best interests B. The Contractor shall deliver legal consultation services to UAC in a manner tailored to the UAC’s individualized needs (see generally 45 CFR part 410), including with respect UAC who may be unable to engage in traditional legal consultation such as:

1. Tender age UAC (twelve years of age or younger)

2. UAC with disabilities, including UAC with developmental delays

3. 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:

1. Coordinate with ORR staff and care provider staff to identify such UAC and to identify the information necessary to conduct the required legal consultation D. When requested by ORR, the Contractor shall provide additional legal consultations for UAC identified as:

1. A potential victim of a severe form of trafficking

2. Having been abused, abandoned, or neglected

3. Having been the victim of a crime or domestic violence

4. Persecuted or in fear of persecution due to race, religion, nationality, membership in a particular social group, or for a political opinion.

a. The contractor shall notify the COR if it otherwise identifies a UAC that is or may be a victim under the conditions stated above.

b. The Contractor may invoice for additional consultations that are required under (D) to fully assess the possibility of legal relief prior to full scope legal representation.

E. Reporting Requirements: The Contractor shall provide data detailing the delivery of all legal consultation services in accordance with C.4.2.6 Task VI, Annual Data Collection and Transfer System / Interface and per F.4, Deliverables Schedule and Performance Requirements Summary Table.

4. Referrals A. The Contractor shall provide a legal referral for unrepresented UAC in ORR custody upon a UAC transfer between ORR facilities. On a monthly basis, the Contractor shall provide documentary evidence of such legal referrals to the COR. See F.4, Deliverables Schedule and Performance Requirements Summary Table.

B. The Contractor shall provide legal referrals for each UAC consistent with identified legal relief and the jurisdiction where the UAC resides.

C.4.2.4 Task IV: Direct Legal Representation Services (Pricing Worksheet Items 3-13) [Firm Fixed Unit Price] Subject to ORR’s discretion, available appropriations, and to the extent required by law, the Contractor shall offer access to direct legal representation to UAC in accordance with 45 C.F.R. 410.1309(a)(4) and the requirements of this contract. Direct legal representation is defined as all activities required to complete a specific legal service category on behalf of one UAC per this section and the evidence of service completion. The evidence required to demonstrate completion of each legal service category is stated in Section C.4.2.4.2.

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 services to such children without charge.

C.4.2.4.1 General Requirements:

1. Eligibility for Direct Representation The Contractor shall provide direct legal representation to UAC who are currently in, or have been released from, ORR custody and who have not left the United States so long as representation was initiated prior to the UAC’s 18th birthday and prior to immigration relief being granted. Direct representation after the child turns 18 can continue only to complete the specific services initiated prior to the 18th birthday. Per 45 CFR 410.1309(a)(4), direct immigration legal representation is available, but not limited to, the following categories of children:

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 a qualified person as defined in C.4.1.

B. UAC in ORR care who are in proceedings before the Executive Office for Immigration Review (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.

D. Other UAC, to the extent ORR determines that appropriations are available.

2. Population Prioritization The contractor shall prioritize direct legal representation of certain categories of UAC, including:

A. Tender age UAC (twelve years of age or younger) 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

3. Notice of Representation The Contractor shall:

A. Ensure all qualified personnel, defined in C.4.1, timely enter notice of appearance with EOIR, the Department of Homeland Security (DHS), and with any other tribunal or administrative agency requiring notice of representation.

B. Provide timely notice of legal direct representation to care provider staff and ORR in the format and designated system of record directed by the COR. (See F.4, Deliverables Schedule and Performance Requirement Summary Table).

4. Funding Constraints and Resource Management The Contractor:

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

B. Shall maximize the use of pro bono in providing legal services.

C. Is prohibited from using funds under the direct legal representation services portion of this contract for any services other than those identified under Pricing Worksheet Items 3-13. All other legal services not specified in the Pricing Worksheet – including any additional services the LSP determines in good faith professional judgment are necessary under the specific facts and circumstance of the UAC’s case to protect the UAC from mistreatment, exploitation, and trafficking – must be performed on a pro bono basis only.

D. Is prohibited from using contract funds for any form of litigation against the U.S. Government unless a specific waiver is requested and granted by the COR.

E. Is prohibited from using contract funds for any non-immigration-related UAC legal matter unless a specific waiver is requested and granted by the COR.

F. Is prohibited from claiming any pro bono hours for legal matters not expressly authorized by this PWS, including, but not limited to, any litigation against the U.S. Government for which the contractor was not granted a waiver.

5. Continuity of Representation:

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

6. Representation In-Court/Proceedings Attendance:

The Contractor shall ensure that a qualified legal representative is present and has entered an appearance at all scheduled immigration court proceedings and any other DHS-related proceedings for each UAC. This requirement applies to all UAC identified in C.4.2.4.1.1..

The Contractor shall document each proceeding, including the date, type of proceeding, representation status, representative present, and outcome.

The Contractor shall document, justify, and report to the COR in writing within 24 hours of any instance of a UAC appearing without a qualified legal representative. Whether self-identified by the Contractor or by the Government, such instances shall be considered a material contractual non-conformance and shall be handled in accordance with processes identified in the Quality Assurance Survallance Plan. See PWS Section C.5.2.2.

C.4.2.4.2 Requirements for Direct Legal Representation Services The Contractor shall perform direct legal representation services (corresponding to Pricing Worksheet Items 3-13) in accordance with rules of professional conduct and ethical responsibilities for eligible UAC on an as required basis at a firm-fixed unit price. The minimum requirements for each service and evidence required to invoice the Government for payment at each identified phase are described below. The offeror will price each phase of the service on the pricing worksheet, and at the conclusion of that phase of service, submit an invoice with the stated evidence of completion for government approval and payment. Each phase is priced and invoiced independently of the remaining phase for services with more than one phase. The offeror will price each phase to cover all performance and costs required to complete that phase.

1. T Visa Application Services (Pricing Worksheet Item 3) The Contractor shall provide legal services relating to the application of a T nonimmigrant status visa (“T visa”), a temporary federal visa for victims of severe form of human trafficking, which includes sex trafficking and labor trafficking involving force, fraud, or coercion. The minimum requirements of the service and the evidence required for invoicing are as follows:

A. T Visa Application Preparation and Filing Minimum Requirements:

1. The Contractor shall conduct a case assessment to confirm the UAC’s eligibility for the form of relief.

2. The Contractor shall prepare and file the appropriate application/petition with USCIS (Form I-914).

3. The Contractor shall provide evidence of service completion by submitting all of the following as part of the Contractor’s invoice submission:

a. Copy of G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (G-28). The G-28 shall be fully and accurately completed and executed including the specific matter in Part 3.

b. Copy of USCIS filing confirmation (e.g. Form I-797, Notice of Action, Receipt Notice).

B. T Visa Post-Filing Representation Minimum Requirements:

1. The Contractor shall provide post-filing services, including any responses to Requests for Evidence issued by USCIS and any post-adjudication actions to terminate or administratively close removal proceedings. ORR will provide payment upon completion of the case.

2. The Contractor shall provide evidence of service completion by submitting the following as part of the Contractor’s invoice submission:

a. Copy of USCIS Decision (e.g., Form I-797 Notice of Action, Approval Notice or Denial Notice).

b. Copy of EOIR filing receipt and/or order related to terminating removal proceedings, if applicable.

2. U Visa Application Services (Pricing Worksheet Item 4) The Contractor shall provide legal services relating to the application of a U nonimmigrant status visa (“U visa”), a temporary federal visa for victims of substantial mental or physical abuse resulting from certain crimes, such as domestic violence, sexual assault, or trafficking. The minimum requirements of the service and the evidence required for invoicing are as follows:

A. U Visa Application Preparation and Filing Minimum Requirements:

1. The Contractor shall conduct an assessment to confirm the UAC’s eligibility for the form of relief.

2. The Contractor shall prepare and file the appropriate application/petition with USCIS (Form I-918).

3. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. Copy of G-28. The Notice of Entry of Appearance as Attorney or Accredited Representative (G-28) shall be fully and accurately completed and executed including the specific matter in G-28, Part 3.

b. Copy of USCIS filing confirmation (Form I-797, Notice of Action, Receipt Notice).

B. U Visa Post-Filing Representation Minimum Requirements:

1. The Contractor shall provide post-filing services, including any responses to Requests for Evidence issued by USCIS and any post-adjudication actions to terminate or administratively close removal proceedings. ORR will provide payment upon completion of the case.

2. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. Copy of USCIS Decision (Form I-797, Notice of Action, Approval Notice or Denial Notice).

b. Copy of EOIR filing receipt and/or order terminating immigration removal proceedings, if applicable.

3. Violence Against Women Act Services (Pricing Worksheet Item 5) The Contractor shall provide legal services relating to Violence Against Women Act applications allowing abused immigrant spouses, children, or parents to self-petition for legal status by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, without the abuser's knowledge. The minimum requirements of the service and the evidence required for invoicing are as follows:

A. VAWA Application Preparation and Filing Minimum Requirements:

1. The Contractor shall conduct a case assessment to confirm the UAC’s eligibility for the form of relief.

2. The Contractor shall prepare and file the petition and any other appropriate application/petition with USCIS (Form I-360).

3. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. Copy of G-28. The Notice of Entry of Appearance as Attorney or Accredited Representative (G-28) shall be fully and accurately completed and executed including the specific matter in Part 3.

b. Copy of USCIS filing confirmation (Form I-797, Notice of Action, Receipt Notice).

B. VAWA Post-Filing Representation Minimum Requirements:

1. The Contractor shall provide post-filing services, including any responses to Requests for Evidence issued by USCIS and any post-adjudication actions to terminate or administratively close removal proceedings. ORR will provide payment upon completion of the case.

2. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. Copy of USCIS Decision (Form I-797, Notice of Action, Approval Notice or Denial Notice).

b. Copy of EOIR order related to immigration removal proceedings, if applicable.

4. Adjustment of Status Services (Pricing Worksheet Item 6) The Contractor shall provide legal services relating to Adjustment of Status applications, specifically the legal services necessary for eligible foreign nationals already in the U.S. to apply for lawful permanent residency without leaving the country. The minimum requirements of the service and the evidence required for invoicing are as follows:

A. Adjustment of Status Application Preparation and Filing Minimum Requirements:

1. The Contractor shall conduct a case assessment to confirm the UAC’s eligibility for the form of relief.

2. The Contractor shall prepare and file the I-485 (Application to Register Permanent Residence or Adjust Status) and any other appropriate application/petition with USCIS.

3. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. Copy of G-28. The Notice of Entry of Appearance as Attorney or Accredited Representative (G-28) shall be fully and accurately completed and executed including the specific matter in G-28, Part 3.

b. Copy of USCIS filing confirmation (e.g. Form I-797, Notice of Action, Receipt Notice).

B. Adjustment of Status Post-Filing Representation Minimum Requirements:

1. The Contractor shall provide post-filing services, including any response to Request for Evidence issued by USCIS and any post-adjudication actions to terminate or administratively close removal proceedings. ORR will provide payment upon completion of the case.

2. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. Copy of USCIS Decision (e.g. Form I-797, Notice of Action, Approval Notice or Denial Notice).

b. Copy of EOIR order related to immigration removal proceedings, if applicable.

5. Temporary Protected Status Services (Pricing Worksheet Item 7) Minimum Requirements The Contractor shall provide legal services relating to Temporary Protected Status (TPS) applications, a temporary, renewable immigration designation granted by the DHS Secretary to foreign nationals in the U.S. who cannot safely return to their home country due to armed conflict, environmental disasters, or extraordinary, temporary conditions. The minimum requirements of the service and the evidence required for invoicing are as follows:

A. The Contractor shall conduct a case assessment to confirm the UAC’s eligibility for TPS.

B. The Contractor shall prepare and file the I-821 (Application for Temporary Protected Status) and any other required application/petition with USCIS C. The Contractor shall provide post-filing services, including responses to any Requests for Evidence issued by USCIS and any post-adjudication actions.

D. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

1. Copy of G-28. The Notice of Entry of Appearance as Attorney or Accredited Representative (G-28) shall be fully and accurately completed and executed including the specific matter in Part 3.

2. Copy of USCIS filing confirmation (Form I-797, Notice of Action, Receipt Notice).

6. Employment Authorization (Pricing Worksheet Item 8), Minimum Requirements The contractor shall provide legal services relating to the application for an Employment Authorization. The minimum requirements of the service and the evidence required for invoicing are as follows:

A. The Contractor shall conduct a case assessment to confirm the UAC’s eligibility for employment authorization.

B. The Contractor shall prepare and file the I-765 (Application for Employment Authorization) with USCIS. The Contractor shall provide post-filing services, including responses to any Requests for Evidence issued by USCIS and any post-adjudication actions.

C. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

1. Copy of G-28. The Notice of Entry of Appearance as Attorney or Accredited Representative (G-28) shall be fully and accurately completed and executed including the specific matter in Part 3.

2. Copy of USCIS filing confirmation (Form I-797, Notice of Action, Receipt Notice).

7. Applications for Certificate of Citizenship (Pricing Worksheet Item 9), Minimum Requirements The Contractor shall provide legal services relating to application for certificate of U.S. citizenship. The minimum requirements of the service and the evidence required for invoicing are as follows:

A. The Contractor shall conduct a case assessment to confirm the UAC eligibility for a Certificate of Citizenship.

B. The Contractor shall prepare and file the Form N-600, Application for Certificate of Citizenship, and any supporting documentation with USCIS.

C. The Contractor shall provide post-filing services, including responses to any Requests for Evidence issued by USCIS and any post-adjudication actions.

D. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

1. Copy of G-28. The Notice of Entry of Appearance as Attorney or Accredited Representative (G-28) shall be fully and accurately completed and executed including the specific matter in Part 3.

2. Proof of final decision e.g. Form I-797, Notice of Action, Approval Notice or Denial Notice)

8. Special Immigrant Juvenile Status Services (Pricing Worksheet Item 10) Minimum Requirements The Contractor shall provide legal services relating to Special Immigrant Juvenile Status (SIJS) classification, a process a classification for vulnerable, undocumented children under 21 who have suffered abuse, neglect, or abandonment by a parent and cannot return home. The minimum requirements of the service and the evidence required for invoicing are as follows:

A. SIJS Case Assessment and State Juvenile Court Proceeding Minimum Requirements

1. The Contractor shall conduct a case assessment to confirm the UAC’s eligibility for SIJS.

2. The Contractor shall file for a predicate order in the appropriate state juvenile or family court.

3. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. The G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (G-28) which shall be fully and accurately completed and executed including the specific matter in Part 3.

b. Copy of signed contract for legal services.

c. Copy of the final order from the state court regarding juvenile’s status.

B. SIJS USCIS Application Minimum Requirements

1. The Contractor shall prepare and file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS.

2. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. Copy of a filing confirmation with USCIS (e.g. Form I-797, Notice of Action, Receipt Notice) C. SIJS USCIS Application Post-Submission Follow-Up Minimum Requirements

1. The Contractor shall provide post-filing services, including responses to any Requests for Evidence issued by USCIS and any post-adjudication actions to terminate or administratively close removal proceedings.

2. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

3. Copy of USCIS I-360 decision on SIJS (e.g. Form I-797, Notice of Action, Approval Notice or Denial Notice)

9. Affirmative and Defensive Asylum Application Services (Pricing Worksheet Item 11) The Contractor shall provide legal services relating to the application for asylum, a legal protection for individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group. The minimum requirements of the service and the evidence required for invoicing are as follows:

A. Affirmative Asylum Case Assessment and Application Preparation and Submission Minimum Requirements

1. The Contractor shall conduct a case assessment to confirm the UAC’s eligibility for asylum.

2. The Contractor shall prepare and submit Form I-589, Application for Asylum and for Withholding of Removal, to USCIS (and with EOIR to preserve possible relief, if necessary).

3. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. Copy of G-28. The Notice of Entry of Appearance as Attorney or Accredited Representative (G-28) shall be fully and accurately completed and executed including the specific matter in Part 3.

b. Copy of USCIS I-589 filing confirmation (e.g. Form I-797, Notice of Action, Receipt Notice or date stamped copy of I-589 from USCIS Asylum Office).

B. Post Affirmative Asylum Submission Follow-Up and Representation Minimum Requirements

1. USCIS Asylum Interview Representation. The Contractor shall prepare the UAC and represent the UAC during the interview.

2. The Contractor shall provide post-filing services and any post-adjudication actions to terminate or administratively close removal proceedings.

3. The Contractor shall provide evidence of service completion by providing the following as part of the Contractor’s invoice submission:

a. Copy of USCIS decision on I-589 (Application for Asylum and for…