Attachment J- Questions and Answers_2026.03.24 (Amd 0010).pdf

Attachment J- Q&A: 2026.03.24 (Amd 0010)

Question # Ref # (If Provided) Question Answer

1 Solicitation / Section L.6, Page 75

Section L.6 states that the Project Management Plan (PMP) "may be included as an appendix and will not count towards the total page limit."

However, Subfactor 2.2 (Management and Staffing) requires the PMP to document the management approach. Can the Government confirm that the entirety of the PMP (including narrative descriptions of recruitment, delivery, and execution) is excluded from the 30-page limit for Volume I, or does the exclusion apply only to specific elements like charts and diagrams?

The PMP and its component are not excluded from the Volume I page limit; however, the Volume I page limit has been increased to 55 pages. The PMP and the required plans will be part of the evaluation process. RFP Section L.6 has been revised accordingly.

2 Solicitation / Section M.5.2 & C.5.3.1, Page

80/PWS

Section C.5.3.1 identifies the "Project Director" and "Project Coordinator" as the only Key Personnel. However, Subfactor 2.2 asks offerors to describe qualifications of "proposed key personnel" generally, while also mentioning "attorneys" and "support staff." Can the Government confirm that only the Project Director and Project Coordinator are considered "Key Personnel" for evaluation purposes, or should offerors also propose and provide resumes for other leadership roles (e.g., Regional Lead Attorneys)?

Yes. Only the "Project Director" and "Project Coordinator" are required key personnel.

3 Solicitation / Section L.9 & Section G, Page

Section L.9 discusses a waiver for the Invoice Processing Platform (IPP) based on the use of PII or undue burden. Given the sensitive nature of legal services for Unaccompanied Alien Children (UAC) and the potential inclusion of sensitive data in invoices, does the Government anticipate granting a blanket waiver for IPP usage for this contract, or must each offeror submit an individual waiver request with their Business Proposal?

No, the Government does not anticipate providing a blanket IPP waiver for this contract. An offeror requesting an IPP waiver must include the waiver request in the Business Proposal, as required by RFP Section L.9.

4 Solicitation / Section L.6.3, Page

Section L.6.3 refers to "Transition In [Base Period Only- Tab 1]" and "Transition Out [Option Period 4 Only- Tab 5]". If the actual tabs in the provided Attachment A (Pricing Worksheet) Excel file

Section L.6.3.2 and the Pricing Worksheet have been revised.

differ in name or numbering from these instructions, should offerors follow the structure of the provided Excel attachment or the text instructions in Section L?

5 Solicitation Section:

B.3.1, Section Title:

Contract Pricing (Firm Fixed Unit Price) CLINs 1, 7, 12, 22, and 28, Page 2

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

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

Question: The PWS and Pricing Worksheet are both silent on direct legal representation services for children without an identified form of legal relief. As structured, the solicitation does not provide any mechanism to receive reimbursement to represent unaccompanied children who do not qualify for one of the listed services. In such cases, attorneys may employ a myriad of procedural arguments and filings to ensure that the due process rights of children are upheld—such as motions to terminate or suppress—and may represent a child through receiving a deportation order.

Further, under FAR 16 Types of Contracts, Part 202 Fixed Price Contracts, Subpart 2

The vendor states, “The PWS and Pricing Worksheet are both silent on direct legal representation services for children without an identified form of legal relief.” The PWS and Pricing Worksheet identify the direct legal representation services that the Government requires the contractor to perform under this contract. Any additional legal services or forms of legal relief available to UAC not identified in the PWS and Pricing Worksheet are beyond the scope of this contract.

The vendor also asks, “Would the Government consider a T&M type of contract for Tasks I – IV, Items 1-13, and additional legal services that may be required when delivering services under the anticipated award?” Task I, Transition In, is a firm-fixed-price (FFP) CLIN (see Pricing Worksheet, Tab 1, Item 17). Tasks II – IV correspond to Items 1-13 in the Pricing Worksheet, which are firm-fixed-unit-price (FFUP) CLINs. The Government has determined that a FFP for Task I and a FFUP “fee for service” model for Tasks II – IV best meet the agency’s needs.

Accordingly, the Government will not consider a T&M contract for Tasks I – IV. The Government has also determined that any additional legal services or forms of legal relief available to UAC not identified in the PWS and Pricing Worksheet are beyond the scope of this contract and therefore will not be considered.

If the contractor identifies a UAC legal need that is not listed in Tasks II-IV that pertains to protecting UAC from mistreatment, exploitation, and trafficking then the contractor shall use pro bono for those services.

Applications: A firm-fixed-price contract is suitable for acquiring commercial products or commercial services (see parts 2 and 12) or for acquiring other supplies or services on the basis of reasonably definite functional or detailed specifications (see part 11) when the contracting officer can establish fair and reasonable prices at the outset, such as when-a)There is adequate price competition;

b)There are reasonable price comparisons with prior purchases of the same or similar supplies or services made on a competitive basis or supported by valid certified cost or pricing data;

c)Available cost or pricing information permits realistic estimates of the probable costs of performance; or d)Performance uncertainties can be identified and reasonable estimates of their cost impact can be made, and the contractor is willing to accept a firm fixed price representing assumption of the risks involved.

Since performance uncertainties for individual representation cases cannot be identified and the costs incurred will vary depending on circumstances outside the contractor’s control, a firm-fixed-price contract poses unreasonable risk to the contractor. Would the Government consider a T&M type of contract for Tasks I – IV, Items 1- 13, and additional legal services that may be required when delivering services under the anticipated award?

6 Solicitation Section:

B.3.1, Section Title:

Contract Pricing (Firm Fixed Unit Price) CLINs 1, 7, 12, 22, and 28, Page 2

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

See response to question 5.

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

Question: The PWS and Pricing Worksheet are both silent on direct legal representation services for children without an identified form of legal relief. As structured, the solicitation does not provide any mechanism to receive reimbursement to represent unaccompanied children who do not qualify for one of the listed services. In such cases, attorneys may employ a myriad of procedural arguments and filings to ensure that the due process rights of children are upheld—such as motions to terminate or suppress—and may represent a child through receiving a deportation order.

If the Government declines to consider a T&M type of contract for Tasks I – IV, Items 1-13, and additional legal services that may be required in the course of delivering services under the anticipated award, would the Government consider the additof a T&M CLIN in this solicitation for delivering additional legal services may be required under the anticipated award, and provide an updated pricing evaluation worksheet accordingly?

7 Solicitation Section:

B.3.1, Section Title:

Contract Pricing (Firm

Language Referenced: For the direct legal representation services required under this contract, the Government contemplates a “fee for

The Government has determined that a FFUP model for Task II (Legal Orientations) and Task III (Legal Consultations) best meets its needs.

Fixed Unit Price) CLINs 1, 7, 12, 22, and 28, Page 2 service” model under which the contractor shall provide a firm fixed unit price for each legal service (Pricing Worksheet, Items 1-13), provided on an as-required basis throughout performance.

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

Question: With respect to Task II (C.4.2.2) Legal Orientations and Task III (C.4.2.3) Legal Consultations—which are required to be provided within a 10-day timeframe upon notification of arrival to any facility, and which are best provided in-person whenever possible in order to ensure a trauma-informed, culturally competent and developmentally appropriate approach as well to gauge and respond to children’s levels of comprehension—these services have historically been provided under a firm-fixed-price type of contract rather than a per unit fixed price to ensure and maintain adequate staffing levels of professional legal staff in proximity to active shelters and other ORR placements.

Would the Government consider a firm-fixed price contract for the Task II (C.4.2.2) Legal Orientation and Task III (C.4.2.3) Legal Consultation services tied to bed capacity and facility numbers rather than an individual unit price per service?

8 Solicitation Section:

B.3, Section Title:

Contract Pricing, Page

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

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

Question: Per FAR 31 Contract Cost Principles and Procedures, Part 102 Fixed Price Contracts:

The applicable subparts of part 31 shall be used in the pricing of fixed-price contracts, subcontracts, and modifications to contracts and subcontracts whenever (a) cost analysis is performed, or (b) a fixed-price contract clause requires the determination or negotiation of costs. However, application of cost principles to fixed-price contracts and subcontracts shall not be construed as a requirement to negotiate agreements on individual elements of cost in arriving at agreement on the total price. The final price accepted by the parties reflects agreement only on the total price. Further, notwithstanding the mandatory use of cost principles, the objective will continue to be to negotiate prices that are fair and reasonable, cost and other factors considered.

The contract consists of FFUP, FFP, and T&M CLINs. Regarding the FFUP CLINs for Items 1-13, the Pricing Worksheet states, “Pricing for Items 1-13 shall be inclusive of all overhead, G&A, direct labor, filing fees, [and] other direct costs” for each service.

Offerors therefore are not required to negotiate agreements on individual elements of cost.

If the government declines to consider an altered hybrid FFP and T&M type of contract and also declines to consider a full T&M type of contract, please note that the under FAR 31.102 final contract price “reflects agreement only on the total price”; under a fixed-price mechanism, the government and contractor do not need to “negotiate agreements on individual elements of cost” when arriving at the total price. Therefore, if the final contract type is fixed-price, would the government remove the cost elements 1-13 as a basis for ordering work or invoicing, and present deliverables that, when priced and totaled together, reflect the total value of the fixed-price contract

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

Language Referenced: Firm fixed prices will be established at the time of award based upon the successful offeror’s proposed firm fixed price for each service.

Question: Can the government clarify that since prices will be established at the time of award, what pricing information, if any, should be submitted as part of the proposal? If pricing information is to be submitted, how will it be evaluated?

Pricing information must be provided in the Business Proposal in accordance with Section L.6.3. As stated in Sections B.3.1 and B.3.2, the successful offeror’s pricing will establish the contract pricing.

10 Solicitation Section:

B.4.1, Section Title:

Ceiling Price (Firm Fixed Unit Price) CLINs 1, 7, 12, 17, 22 and 28, Page 2-3

Language Referenced: The quantities provided in Attachment A-Pricing Worksheet UAC Legal Services (Amd. 0007) are estimates only provided for purposes of budgeting and evaluation of offers and will be the basis of creating a total ceiling price for firm fixed unit prices (encompassing Price Worksheet / Price List Items 1-13) performed under this contract.

Question: May the Government confirm that there are no ceilings per Price List Item, and that the ceiling price for CLINs 1, 7, 12, 17, 22 and 28

CLINs 1, 7, 12, 17, 22 and 28 each correspond to Price List Items 1-13 only (per contract year). The total value of Items 1-13 forms the ceiling price for each CLIN. See Pricing Worksheet notation stating, “Total Maximum Potential Firm Fixed Unit Price Ceiling Amount.” Remaining Price List Items 14-18 correspond to the CLINs as indicated in Section B.4.1 and the Price Worksheet, which are FFP.

referenced is the total ceiling price encompassing all the Price List Items?

11 Solicitation Section:

B.4.1, Section Title:

Ceiling Price (Firm Fixed Unit Price) CLINs 1, 7, 12, 17, 22 and 28, Page 3

Language Referenced: Offerors are cautioned that specific services required under this contract may vary throughout performance. However, the Contractor shall not be obligated to continue performance, nor the Government be obligated to pay any amount in excess of the established ceiling price.

Question: May the Government please confirm how the guaranteed services required under the TVPRA, 8 USC 1232(c)(5) and the UCP Foundational Rule 45 CFR Part 410 are to be provided for quantities beyond those estimated if the Government is not obligated to pay any amount in excess of the established ceiling price?

For example, if all of the quantities estimated have been met and delivered pursuant to the Performance Work Statement, the optioned Contract Period has not ended, and there remain unfulfilled legal services needs for children, will the Government fund such services for the remainder of the option Contract Period?

The Government is only obligated to pay up to available appropriations. The contractor shall comply with clause 52.232- 22, Limitation of Funds, when it appears the established ceiling price may be exceeded (see Section I.1).

12 Section: Solicitation, F.4, Task IV; PWS, C.3;

PWS, C.4.2.6.4,

Section Title:

Deliverables Schedule and Performance Requirement Summary:

Direct Legal Representation Services; Scope: Data Collection, Analysis, and Reporting; Data Categories, Metrics, The Deliverables Table (Solicitation, F.4), the PWS “Scope” description of data reporting (PWS, C.3), and the PWS Data Categories, Metrics, Analysis, and Reporting Requirements (PWS C.4.2.6) list or reference data points on direct representation that, if provided to the government at the child level and identifiable with respect to an individual child, would include information that is confidential or subject to attorney-client privilege.

Yes, the responses still hold. The data reporting requirements will not be applied in a manner that violates attorney-client privilege.

Analysis, and Reporting Requirements; 3) Direct Legal Representation Metrics, Page Solicitation: 9-18;

PWS: 2, 22-24

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

• “Meta data that is deidentified can be used to provide this information for instance” (in reference to confidential or privileged information; Question 84).

• “The Government does not require access to legal service provider databases or systems that contain confidential communications or information that is protected by attorney-client privilege” (Question 102).

Can the government confirm that its answers to the prior Questions 84 and 102 still hold?

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

13 Solicitation Section:

F.4, Section Title:

Deliverables Table;

Task VI: Annual Data Collection and Transfer System / Interface;

C.4.2.6, Page 18

Language Referenced: Deliverable Description:

Annual Data Collection and Transfer System / Interface: Provide all data required under C.4.2.6.

paragraphs 1.) – 4.)

All data collected under this contract shall be made available through dashboards and direct connection to existing ORR platforms and tools (APIs).

Question: To ensure effective program management, the Contractor may collect data from LSPs that is not included in the data points required to be reported to the government under C.4.2.6.

Can the government please revise the concluding sentence of this deliverable description to the following:

Section F.4 has been revised to include the requested language.

“All data required to be reported under this contract shall be made available through dashboards and direct connection to existing ORR platforms and tools (APIs)”

14 Solicitation Section:

F.4, Section Title:

Deliverables Schedule and Performance Requirements Summary, Page 21-22

Language Referenced: [For Task # C.5.4.2, H.13, and H.9] The Contractor shall submit staffing reports in accordance with the contract [via] API, concurrent with services. To COR, weekly during transition-in and transition-out. To COR monthly unless otherwise as directed by the COR.

Question: Staffing reports and background investigation status reports are not contract services. Can the government confirm that these reports are to be submitted weekly during transition-in and transition-out, and otherwise monthly, and not “concurrent with services”?

Contractor staffing reports (to include “status of required uninitiated and in-process background investigation and suitability determinations” are a contract requirement (see PWS Section C.5.4.2). The Government clarifies that the reports must be submitted via the Application Programming Interface (API) on the periodic basis specified in Section F.4, not concurrently with the provision of services.

15 RFP Section: G.3.2.2, Section Title: Firm Fixed Price (FFP) Invoicing Requirements, Page 27

Language Referenced: Invoices submitted under this contract for firm fixed price CLINs (Annual LSP Network Management, Annual Data Collection and Transfer System / Interface (FFP)), Transition-In, Transition-Out, and Other Annual Requirements shall be submitted monthly in accordance with the proposed/accepted payment schedule.

Question: Can the government clarify what the proposed payment schedule is, and what is expected to be submitted monthly so that the FPP CLINs can be priced accordingly?

The Government clarifies that the services required under the FFP CLINs must be invoiced monthly (i.e., the total FFP divided by 12 for monthly submission of invoices). Section G.3.2.2 has been revised to eliminate the reference to “the proposed/accepted payment schedule.”

16 Solicitation Section:

H.6.1, Section Title:

Guaranteed Minimum, Language Referenced: The total guaranteed minimum for this contract is $1,359,600.00.

Question: Would the Government consider instituting a guaranteed minimum quantity of services for FFUP Pricing Items 1-13, as the current guaranteed minimum may not cover

No. The guaranteed minimum amount required for FFUP-type contracts has been established consistent with Section 16.2 of the FAR Companion.

readiness costs required to meet 100% performance thresholds?

17 Solicitation Section:

H.9(d), Section Title:

Exception for Non- ORR Funded Attorneys, Page 32

Language Referenced: Attorneys of record who are pro bono and not funded directly by ORR pursuant to this contract are not required to complete ORR required background checks.

However, the Contractor must have policies to confirm the identity and the status of attorneys of record before providing them referrals to children's cases.

Question: In order to support the highest level of pro bono engagement, and since attorneys are subject to legal, ethical, and professional obligations pursuant to their state licensure, as well as the licensure process itself that involves thorough background investigation, would the government consider revising this exception to also apply to attorneys who are not attorneys of record but are attorneys on Contractor’s roster and thus subject to the screening requirements in PWS Section C.4.2.5.2(A)?

No. ORR suitability determinations are required in accordance with 5 CFR 731.101 for individuals who will require access to space, information, information technology systems, staff, or other assets of the Federal Government, and who could, by the nature of their access or duties, adversely affect the integrity or efficiency of the Government. Such contracts include but are not limited to: personal service contracts; contracts between any non- Federal entity and any agency; and subcontracts between any non-Federal entity and another non-Federal entity to perform work related to the primary contract with the agency. The term contractor employee includes employees of a grantee of any agency or any other category of person who performs work for or on behalf of an agency but does not include a federal employee.

H.9 has been revised for clarity.

18 Solicitation: H.9(f)(iii), Section Title: Federal Personnel Vetting and Security, Page 33

Language Referenced: Suitability Determination Investigation: Per ORR Policy Guide 4.3.3.3, contractor and sub-contractor personnel who are determined to provide services for or on behalf of the ORR UAC Program must undergo a suitability determination investigation to evaluate a person’s character and conduct that may impact the integrity and efficiency of the federal service.

Question: Can the government confirm that the Suitability Determination Investigation clause does not apply to pro bono volunteers?

Pro bono volunteers are required to undergo suitability determinations. (See also answer to Q17 above and Q93 below)

19 Solicitation Section:

H.9(f), Section Title:

Part I – The Schedule:

Background Investigation and

Language Referenced: f. Position Sensitivity Designations

1. Background Investigation Requirement: All contractor (and any subcontractor) employees shall obtain a background investigation

See answer to Q17.

Suitability Determinations Page 33 commensurate with their position sensitivity designation that complies with Parts 1400 and 731 of Title 5, Code of Federal Regulations (CFR).

2. Position Sensitivity Level: The following position sensitivity designation levels apply to this contract: Tier 2, Non-sensitive Public Trust (Moderate Risk)

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

20 Solicitation Section:

H.12, Section Title:

Information Security Requirements, Page 33

Language Referenced: All language related to government access to or ownership of data, including “7. Data Portability” and “10.

Government Ownership of Data.”

Question: Can the government confirm that all provisions in H.12 that would provide the government with access to or ownership of data collected under the contract will be applied in accordance with attorney-client privilege and attorney ethics?

Confirmed.

21 Solicitation Section:

H.12.7(xiii) & H.12.10(i), Section Title: Information Security Requirements, Page 40-42

Language Referenced:

1) H.12.7(xiii), Data Portability, “Government Data Rights”

All data created, collected, maintained, or processed under this contract shall remain the property of the U.S. Government. The Contractor shall not restrict Government access to or transfer of its data.

2) H.12.10(i), Government Ownership of Data, “Ownership and Rights”

All data, information, reports, records, derivative works, configurations, documentation, software customizations, and other deliverables developed, collected, processed, or maintained under this

The government does not seek rights to the contractor’s pre‑existing systems, underlying software, analytical code, platform configurations, or proprietary enhancements that are developed to operate the contractor’s system, provided that the Government receives full access to, and portability of, all Government data in required formats. SectionsH.12.7 and H.12.10 have been revised for clarity.

contract shall be the exclusive property of the U.S.

Government.

The Government shall retain unlimited rights to:

A) Access, use, modify, reproduce, release, perform, display, or disclose such data;

B) Authorize others to do so for Government purposes;

C) Transfer data to successor contractors or other Federal entities.

No proprietary claim, restriction, or license agreement shall limit the Government’s rights to its data.

Question: May the government please clarify that the Government’s ownership rights are limited to Government owned data and contract required deliverables, and that the government does not seek rights to the contractor’s pre‑existing systems, underlying software, analytical code, platform configurations, or proprietary enhancements that are developed to operate the contractor’s system, provided that the Government receives full access to, and portability of, all Government data in required formats.

22 Solicitation Section:

H.14, Section Title:

Records Management, Language Referenced: All language relating to Records Management in section H.14.

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

Yes, all records management provisions will be applied in accordance with attorney-client privilege and attorney ethics.

23 Solicitation Section:

H.14(b), Section Title:

Records Management, Language Referenced: The Program of Record for all information produced in accordance with this contract is the UAC Portal or its successor system as identified by the Government. All information required by the Government shall be uploaded to

The API will ensure the Government has access to necessary data. The Contractor does not have obligations for data entry or integration beyond what is detailed in the RFP documents.

the UAC Portal in accordance with the terms and conditions of the contract.

Question: The solicitation and PWS describe legal services data being made available to the government via API access.

Is this API access and integration, with details determined post-award (including through the ISA), intended to satisfy the requirement that the UAC Portal serve as Program of Record? If not, would the government clarify whether there is another data entry or integration mechanism envisioned to fulfill the H.14(b) requirement?

24 Solicitation Section:

L.2, Section Title:

HHSAR Provisions, Poage 72

Language Referenced: The Section 508 accessibility standards applicable to this solicitation are stated in the clause at 352.239-79 Information and Communication Technology Accessibility. In order to facilitate the Government’s determination whether proposed ICT supplies, products, platforms, information, and documentation meet applicable Section 508 accessibility standards, offerors must submit an appropriate HHS Section 508 Accessibility Conformance Checklist (see https://www.hhs.gov/web/section- 508/accessibility-checklists/index.html) or an Accessibility Conformance Report (ACR) (based on the Voluntary Product Accessibility Template (VPAT) see https://www.itic.org/policy/accessibility/vpat), in accordance with the completion instructions. The purpose of the checklists and conformance reports are to assist HHS acquisition and program officials in determining whether proposed ICT supplies, products, platforms, information, and documentation conform to applicable Section 508 accessibility standards. Checklists and ACRs evaluate—in detail—whether the ICT conforms to

HHS Section 508 Accessibility Conformance Checklist or an Accessibility Conformance Report are to be provided as part of the Business Proposal submitted in response to the solicitation.

Section L.6.3 has been updated to clarify.

specific Section 508 accessibility standards and identifies remediation efforts needed to address conformance issues.

Question: Can the government confirm whether the HHS Section 508 Accessibility Conformance Checklist and/or an Accessibility Conformance Report are to be provided as part of the proposal submitted in response to this solicitation, or after contract award?

25 Solicitation Section:

M.5.1 Sub-Factor 1.1, Section Title: Factor 1:

Pro Bono Integration and Scalability Capabilities, Page 79

Language Referenced: The Government will assess the offeror’s overall proposed approach to pro bono integration, including, but not limited to, the level of pro bono representation for legal orientations, legal consultations and Direct Representation (Pricing Worksheet / Price List Items 1-13 [Column C]) identified in the Offeror’s Pro Bono Services Plan and incorporation of pro bono work throughout performance of the contract. A Pro Bono Services Plan that presents a reasonable and realistic approach supported by sound methodology for implementation will result in higher confidence.

Question: Can the government confirm that when it references “the level of pro bono representation” it is referring to the pro bono percentage referenced in the PWS Section C.4.2.7: “the pro bono percentage shall be calculated as follows: total pro bono hours divided by total hours during the annual period of performance, multiplied by 100.”

Yes, “the level of pro bono representation” is referring to pro bono percentage defined in C.4.2.7 Task VII Pro Bono Maximization. Language clarified at M.5.1 Subfactor 1.1 and PWS Section C.4.2.7.

26 PWS Section: Section Title: C- Performance Work Statement (PWS), Page N/A

The PWS and Pricing Worksheet are both silent on legal assistance outside representation on various legal needs common for children in or released from ORR custody, for which provision of non-representational assistance rather than representation would be more cost effective and efficient for the government and relevant

The PWS and Pricing Worksheet identify the direct legal representation services that the Government requires the contractor to perform under this contract. Any additional legal services or forms of legal relief available to UAC not identified in the PWS and Pricing Worksheet are beyond the scope of this contract. Based on the commentary: Legal assistance outside stakeholders. Examples include court preparation sessions for children in custody; court assistance for children in custody; assistance with pro se filing of change of venue or change of address forms for children recently released from ORR custody to promote their continued appearance at immigration court proceedings; support for pro se filings for immigration-related documentation such as employment authorization documentation which helps to offset the risk of labor exploitation;

and assistance to children with immigration custody or placement related needs, such as children aging out of ORR custody who, aligned with the TVPRA, may be released on their own recognizance.

The Solicitation Section F.4 deliverables chart regarding PWS section C.4.2.4.1 lists court preparation and in-person or remote courtroom assistance to all UAC scheduled for immigration court while in ORR custody assistance as a deliverable.

May the government please clarify:

A) Whether court preparation and in-person or remote courtroom assistance to all UAC scheduled for immigration court while in ORR custody is required to be delivered under the solicitation?

B) If so, under which Pricing Worksheet services item(s) they should be accounted for in offeror’s pricing proposals?

C) Whether other non-representational legal services such as the ones identified above may be delivered under this contract?

D) If so, under which Pricing Worksheet service item(s) should such services be accounted for in the Contractor’s pricing proposal?

direct representation on various legal needs for UAC in or released from ORR custody is not authorized except as follows:

A) Yes, for all services required in the contract.

B) As part of the Contractor’s FFUP for each service for which court preparation and in-person or remote courtroom assistance is necessary to perform the specified service where those actions are applicable.

C) Other than court preparation and in-person or remote courtroom assistance, the legal services described in the examples cited by the vendor are not required by this contract.

D) Other than court preparation and in-person or remote courtroom assistance necessary to perform a specified service, offerors are not required to price the legal services cited as examples by the vendor.

If the contractor identifies a UAC legal need that is not listed in Tasks II-IV that pertains to protecting UAC from mistreatment, exploitation, and trafficking then the contractor shall use pro bono for those services.

27 PWS Section: C.2, Section Title:

Objectives. Page 1

Language Referenced: 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).

Question: 45 CFR 410.1309(a)(4) lists examples of unaccompanied children who may require representation but indicates that the list is not exhaustive by noting “examples of direct immigration legal representation include, but are not limited to,....”

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

All released unaccompanied children under the age of 18 are eligible for direct legal representation under the contract.

However, the contractor may not initiate any new service described in section C.4.2.4.2 once a UAC turns 18. For example, if a Contractor has initiated Case Assessment and Application Preparation and Submission for a UAC who subsequently turns 18, the Contractor must complete the service.

The Contractor may not then initiate Post-Submission Follow-Up and Representation.

28 PWS Section: C.2, Section Title:

Objectives, Page 1

Language Referenced: Legal services begin once ORR takes custody of a UAC for placement into an ORR facility and 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 being granted lawful immigration status, voluntary departure, or ordered removed from the United States.

Question: In its 12/11/2025 answer to Question #32, the Government indicated, as to the PWS description of when services end, that representation undertaken shall continue beyond circumstances listed “until the final adjudication” of the case, which may (per the Government’s answer to Question #73) include items ancillary to granted relief. May the Government confirm that it intends for representation undertaken to

The contractor may invoice the government for representation with respect to items on the pricing list and only to their completion. The contractor may choose to undertake ancillary items on a pro bono basis, but these cannot be counted as reportable services to meet the pro bono maximization requirement for the purpose of this contract.

continue through final adjudication of the case, including on, as appropriate, items ancillary to granted relief?

29 Section: Pricing Template and PWS C.3, Section Title:

Transition-In, Page 1

Language Referenced: 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 approximately 24,000 active cases of UAC currently or formerly in ORR care.

Question: In accordance with PWS Section C.4.2.1, Task I (Transition In), the Contractor must assume responsibility for approximately 24,000 active cases transitioning from the incumbent contract. These cases were funded under a time and materials structure and will often include partially completed services, ongoing representation, or remaining work that does not correspond to discrete firm fixed unit price items in the Pricing Worksheet.

While offerors may price newly initiated cases to account for risk across service stages, there is no comparable mechanism to price transition cases fairly or consistently under the proposed structure.

Can the Government please clarify how it intends to compensate pending and ongoing work on transitioned cases that is not otherwise addressed by the Pricing Worksheet, including whether any separate transition in pricing, reconciliation mechanism, or alternative approach is contemplated?

The incumbent contractor will perform and be compensated in accordance with the terms and conditions of the existing contract.

Transitioned cases will be compensated under the new contract based on their status and UAC’s continued eligibility for service when responsibility is assumed under the new contract terms and conditions. Direct representation to UACs in or released from ORR custody will be transitioned so long as representation was initiated prior to the UAC’s 18th birthday and they are still eligible for services. Cases pending Application Submission will be compensated under the new contract at the awarded FFUP for the applicable type of service. Similarly, cases that require Post- Submission Follow-up and Representation will be compensated under the new contract at the awarded FFUP for the applicable type of service.

30 PWS Section: C.4.1(1) and C.4.2.3, Section Title: Qualified Personnel; Task III:

Conduct Legal Consultations (Item 2)

Language Referenced: C.4.1(1): 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

The definition of “Qualified Personnel” in section C.4.1.1 has been revised to include paralegals, legal assistants, law graduates, and law students, all of which must perform under the supervision of an attorney. Social workers are not permitted to provide legal services under this contract.

Firm-Fixed Unit Price, Page 2-3 and 7 applicable tribunal and contract requirements.

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 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.

C.4.3.2.1: [Legal] consultations shall be conducted by qualified personnel defined as an attorney, a paralegal under the supervision of an attorney, or a U.S. Department of Justice (DOJ) accredited representative.

Question: Can the government confirm that paralegals, including legal assistants and social workers, acting under the supervision of an attorney may provide any appropriate contract services, including legal orientations and legal representation?

31 PWS Section: C.4.1(1) and C.4.2.3, Section Title: Qualified Personnel; Task III:

Conduct Legal Consultations (Item 2) Firm-Fixed Unit Price, Page 2-3 and 7

Language Referenced: C.4.1(1): 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 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

See answer to question #30 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 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.

C.4.2.3: These consultations shall be conducted by qualified personnel defined as an attorney, a paralegal under the supervision of an attorney, or a U.S. Department of Justice (DOJ) accredited representative. (Note: For pricing purposes, the unit of issue is one session with one individual UAC conducted in accordance with this section.)

Question: Can the government clarify why there is a difference between qualified personnel outlined in Section C.4.1 versus qualified personnel defined at C.4.2.3? Notably, “a paralegal under the supervision of an attorney” is not included in section C.4.1 while “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” is not included in Section C.4.2.3.

32 PWS Section: C.4.1(4), C.4.2.2.1(2), and C.4.2.2.1(4)(E), Section Title: Service Delivery Principles;

Legal Orientation Method and Settings Minimum Requirements; and Material Development and Modality of

Language Referenced: C.4.1(4): 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.

ORR funded UAC care providers will provide notifications to the Contractor about the UAC in care requiring legal orientations and legal consultations, including information about any known developmental or other disabilities. The specifics for these communication processes will be established after award by the COR and the Contractor.

Section C.4.2.2.1 Requirements for Conducting Legal Orientations has been revised to reflect the required communication between the UAC care providers and the Contractor.

Delivery Requirements, Page 3,5-7

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.

C.4.2.2.1(2): The Contractor shall provide legal orientations to UAC in accordance with C.4.1 using 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. 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.”

C.4.2.2.1(4)(E): In person orientations shall be considered a deviation and must be approved by the COR in advance. Individual orientations shall also be considered a deviation and must and approved by the COR in advance. Group size and session duration shall consider the UAC's age, literacy, language, and educational setting.

Following the orientation video/online presentation, the Contractor shall allow active communication between the legal service”

Question: Given the mandate to attune legal services to meet the “varied and individual needs of UAC, including ensuring that services are “delivered in a manner that is developmentally appropriate, trauma-informed, and culturally appropriate” there will likely be many children who will require in-person legal orientations calibrated to their developmental needs or disability.

Can the government confirm how UAC developmental needs, trauma-experience, rare language needs or disability will be flagged for the contractor to ensure in-person orientation for such children are provided?

How will permission for in-person orientations be managed and will these permissions be granted timely enough within the 10-day time frame required to meet the 100% benchmark?

33 PWS Section: C.4.1(4), C.4.2.2.1(1)(B) and C.4.2.2.1(4)(E), Section Title: General Requirements / Requirements for Conducting Legal Orientations, Page 3, 5-

Language Referenced: C.4.1(4): 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.

C.4.2.2.1(1)(B): If an extenuating circumstance exists and the Contractor cannot meet the 10-business day requirement, 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.

C.4.2.2.1(4)(E): In person orientations shall be considered a deviation and must be approved by the COR in advance. Individual orientations shall also be considered a deviation and must and approved by the COR in advance. Group size and session duration shall consider the UAC's age, literacy, language, and educational setting.

See response to question 32.

Question: Assessments of the need for in-person or individual orientation, appropriate group size, and duration typically include gathering information related to a child’s age, literacy, language, and education setting, as specified, and such information is typically available only upon meeting in person with individual children and/or close coordination with the child’s care provider who may be able to share relevant information.

May the Government please specify the methods by which the Contractor will be able to assess children’s need for an in-person or individual orientation in time for the required time-sensitive request for related approvals?

Similarly, by what method will Contractor be able to determine the appropriate group size and duration for an individual child?

34 PWS Section: C.4.1(4), C.4.2.2.1(1)(B) and C.4.2.2.1(4)(E), Section Title: General Requirements / Requirements for Conducting Legal Orientations, Page 3, 5-

Language Referenced: C.4.1(4): 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.

C.4.2.2.1(1)(B): If an extenuating circumstance exists and the Contractor cannot meet the 10-business day requirement, 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.

C.4.2.2.1(4)(E): In person orientations shall be considered a deviation and must be approved by

Yes. See response to Q32.

the COR in advance. Individual orientations shall also be considered a deviation and must and approved by the COR in advance.