QA-75P00126R00003(12.09.2025) (Amd 0003).pdf

Questions and Answers:75P00126R00003 (Amd 0003)

Legal Services for Unaccompanied Alien Children (UAC): 75P00126R00003 Questions and Answers (Q&A)

Question Answer 1 Given the scope and complexity of the solicitation and the questions presented to the government, would the government consider extending the deadline for submission until 30 days after responses to questions are posted?

No. However, the deadline for submission has been extended an additional week to allow for consideration of the answers contained.

2 Attachment B omits some legal services and forms of relief that are currently provided to children, including but not limited to VAWA, family-based petitions, and citizenship claims. Additionally, over the course of legal representation, labor hours and costs may vary widely, dependent on a number of factors outside of the contractor’s control, such as the judge presiding over the case and details of the child’s own case. Further, under FAR 16 Types of Contracts, Part 202 Fixed Price Contracts, Subpart 2 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 the legal representation services?

The forms of relief described in the PWS that the contractor must pursue on behalf of UAC are non-exhaustive. For purposes of pricing the proposal, any services provided must be priced within one of the 17 services or pricing categories within Attachment B- Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025).

3 With respect to legal orientations and 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 as to gauge and respond to children’s levels of comprehension—these services have historically been provided under a firm-fixed-price type of contract based on the overall bed capacity and facility information 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 legal orientation and legal consultation services tied to the bed capacity and facility numbers rather than an individual unit price per service?

No

4 If the government declines to consider an altered hybrid FFP for legal orientation and legal consultation services and T&M for legal representation services type of contract, would the government consider a full T&M type of contract?

No.

5 If the government declines to consider an altered hybrid FFP and T&M type of contract and declines to consider a full T&M type of contract, the incorporated FAR contract clauses in solicitation 75P00126R00003 are silent on “firm fixed unit price” contracts. Can the government please confirm the payment terms for a “firm fixed unit price” contract align with a fixed price progress payment schedule, subject to quantities ordered and delivered? For example, an asylum hearing will frequently encompass work that lasts for over a year. Incremental payment is necessary to ensure that services can commence and be provided for the full duration of a given matter, rather than payment at the completion of the service, as defined in the PWS and Attachment B – Pricing Worksheet. Then, if 100 Asylum Application units are ordered at $36,000 per unit for a total of $3,600,000 in a 12-month contract period, then the payment terms would align with monthly installments at $300,000 per month with the delivery of the monthly report.

No. Progress payments will not be a part of this contract. The 'increments' of the totality of services and phases are already broken out via discrete services with opportunities for the contractor to invoice.

6 In Attachment B, the Pricing Worksheet seems to imply that the deliverable of the Monthly Report/Invoice Supporting Documentation is dependent on the Billable Element, and that the government would pro-rate or withhold portions of payment based on the numbers reported in the Monthly Report, rather than upon receipt of the Monthly Report deliverable. If the government has denied that the “firm fixed unit price” payment terms aligns with a fixed price progress payment schedule, can the government please include the relevant FAR contract clause governing fixed price payments with variable work units?

The delivery of the Monthly Report and the Invoice shall contain relevant information regarding the quantity of services provided for the period. There is no intent to pro-rate. Payments will be made based on the quantity of each service provided and will correlate to the monthly report and invoice supporting documentation.

7 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 1-12 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?

No. invoicing and payments are for completed services as stated in the pricing worksheet and incorporated into the contract

8 Can 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 more than 10,000 children require legal orientations and/or consultations pursuant to the Performance Work Statement, will the contractor be required to provide, and will the government fund, services to such children beyond the 10,000 included in the Pricing Worksheet?

The Contractor is required to maintain a staffing model that is flexible and able to accommodate periods of influx when larger numbers of UAC are in ORR care in order to deliver the required services.

The Government anticipates flexibility in the CLIN structure to allow flexibility to allow for realignments as necessary. However, the total contract ceiling for each period shall not be exceeded.

9 Line Item 008 of Attachment B seeks pricing for “court preparation sessions” which are critical services for children in ORR custody who will be appearing in court, but such sessions are not explicitly included anywhere in the Performance Work Statement. Can the government confirm that court preparation services are desired under the Performance Work Statement and are meant to be provided for unrepresented children in ORR custody who need to attend court?

Court preparation is considered a step in providing court room assistance during immigration proceedings and not an independent activity. The Contractor must provide court room assistance to all UAC while they remain in ORR custody. Additionally, if the Contractor is providing direct representation after a UAC has been released from ORR custody, court preparation will be considered one component of the overall representation.

10 Line Item 003 includes a sub-item 3.2 b. “state juvenile court proceeding.” This service description does not include the necessary court appearance associated with this filing. A separate line item, 0011 “Immigration Court/DHS appearances” includes the description: “Representation in EOIR, DHS or other agency instances pursuant to the completion of relief applications and filings previously submitted and invoiced.” May the government clarify whether state juvenile court appearances are intended to be billed under line Item 003 or Line Item 0011?

All activity related to obtaining the necessary predicate order for SIJ, including court appearances, should be billed under Item 003.

The Government considers state juvenile court appearances separate from Immigration Court/DHS appearances.

11 The referenced Attachment B includes 12 line items. Can the government please confirm that the total of all 12 line items will create the total ceiling price for the Fixed Price portion of the contract?

The total contract value is comprised of the awarded cost of all lines included in the pricing sheet - (17 service lines; LSP Network Management; Data Collection and Transfer Systems / Interface; and travel) for the base and all option periods

12 Can the government confirm that it will accept proposal documents sent in multiple emails if the files are too large to fit in a single email?

Yes. If sent in multiple e-mails, offerors must label their submission with the name of the proposal section with the submission number and total in the e-mail subject line [e.g., “Volume I: Technical Proposal 1 of 2,” “Volume I: Technical Proposal 2 of 2,” etc.].

Offerors must ensure that their entire proposal (all required Volumes) is received by the Government prior to the proposal deadline.

13 Can the government please confirm that the ceilings provided for Travel (T&M) for the Base Period and all Option periods is inclusive of applicable indirect rates and profit?

Travel is at cost and does not include or allow for indirect rates/costs or profit. The offeror shall not include indirect rates/costs or profit when seeking reimbursement for travel.

14 Attachment E is not included among the Attachments/Links for this RFP on sam.gov. Can the government please confirm whether it will provide Attachment E to offerors before the proposal submission deadline?

Confirmed. Please see Attachment E, included as an attachment to this amendment.

15 Can the government confirm the correct solicitation number, as the solicitation number listed in these instructions differs from the solicitation number 75P00126R00003 listed on SAM.gov and in the header?

The correct solicitation number is 75P00126R00003.

The offeror’s proposal shall reference solicitation number 75P00126R00003.

16 Can the government confirm that that Transition-In Plan, Project Management Plan, Pro Bono Services Plan, and Data Collection and Reporting Plan may be provided in an appendix (excluded from the page count), or must these be included within the 30-page Technical Proposal narrative?

The plans may be included as attachment/appendix and are excluded from the page count.

17 Section 6.5 of the PWS describes the transition-out plan and has a deadline of 30 days after transitioning in for submission, but the RFP lists the “proposed transition plan per section … 6.5 of the PWS” among subfactor 1.2 of the Technical Factors. Can the government please confirm that the transition-out plan described in section 6.5 is not due with the proposal?

The transition-out plan required by PWS Section 6.5 is not due with the proposal. The transition-out plan is due 30 days after completion of transitioning in.

18 The business proposal shall include description of how each of the firm fixed unit prices, for items 1-11, in proposed in the Pricing Worksheet was derived for the purposes of demonstrating that these prices align with the offerors proposed approach. Can the government please confirm that this should include all 12 line items included in Attachment B?

Yes, the government confirms that this list must include items 1-17 (formerly 12 items)

19 The weighting of evaluation criteria seems misaligned to the scope and complexity of the work. May the government clarify the reasons for weighting pro bono integration over an offeror’s technical approach to providing quality legal services and past performance in providing similarly complex and large-scale services?

The evaluation criteria align with the Government's requirement to make every effort to utilize the services of pro bono counsel who agree to provide representation to UAC without charge.

20 The Service Descriptions worksheet in Attachment B outlines subparts to some CLINs. Example: CLIN 3 – Special Immigrant Juvenile Status (SIJS) has:•[3.1 – a. Initial Case Assessment – SIJS;•[3.2 – b. State Juvenile Court Proceeding;•[3.3 – c. File – I-360 (Petition for SIJ Classification) / File I-485 (Adjustment of Status); and•[3.4 – d. Post- Submission Follow-up and Representation – SIJS. Can the government please confirm whether each of the subparts described in the Service Descriptions are counted discretely towards quantity of services ordered and delivered?

The Government recognizes that there are many steps involved in the SIJS process, we have outlined those subparts that can be counted discretely. The discrete portions are the entire description list within each of the subparts 3.1, 3.2, 3.3, and 3.4. Meaning each subpart can be counted discretely.

21 Filing an I-360 and filing an I-485 requires different fees and/or hours estimates. Can the government please distinguish the filing of I-360 and I-485 separately in the Service Descriptions sheet?

The Government does recognize that I-485 is different and has included it as a subpart under the various immigration processes. The I-485 and I360 are listed as subparts of the various legal services.

22 The Service Descriptions worksheet in Attachment B outlines subparts to some CLINs that are further defined with Billable Elements that reference CLIN 2 Legal Screening. Example: CLIN 3 – Special Immigrant Juvenile Status (SIJS) has:

• [3.1 – a. Initial Case Assessment – SIJS. This is repeated over CLIN 4 Asylum Application, CLIN 5 T Visa, and CLIN 6 U Visa. May the government confirm that delivery of 3.1 – a. Initial Case Assessment, 4.1 –

a. Initial Case Assessment Asylum, 5.1 – a. Initial Case Assessment – T Visa, and 6.1 – a. Initial Case Assessment – U Visa each represents a discrete work unit that will be ordered and delivered under quantities of CLIN 2 Legal Screening?

The Contractor shall provide an initial case assessment and determine if the UAC is eligible for any form of immigration relief (SIJ, asylum, U, T, VAWA, etc.). The identification of each form of relief that a UAC may be eligible for does not constitute a discrete activity, but rather, part of the initial assessment.

23 If the government denies that sub-parts of CLINs with Billable Elements are considered discrete quantities ordered and delivered under the CLINs, may the government please define the work unit being considered for order and delivery?

The initial case assessment is the work unit.

24 Can the government please confirm that Offerors can override the gray-ed out “N/A” text for Items 1-2 (Know Your Rights/ Legal Orientation, and Legal Consultation (Screening)) in each of the contract performance sheets, and modify the “Pro Bono Discount % Calculator” formula accordingly, so that pro bono services may be used to provide Know Your Rights/Legal Orientation and Legal Consultation services?

No. KYR and Legal Consultation Services will not be used to calculate the Pro bono services.

25 The Total Quantity of Services provided for Item 3 – Special Immigrant Juvenile Status (SIJS) is given as “5%” in the Option Period 4 sheet. May the government please clarify the total quantity of services for Item 3 in Option Period 4?

Attachment B has been revised. See Attachment B- Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025)

26 May the government confirm that each instance of immigration court and/or DHS appearances may be billed here including, for example, initial appearances where specific relief options may not yet have been formally identified by the attorney?

The government confirms that the provider may bill per legal service provided, not per court appearance. All legal services are described in Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025), any services provided must be billed within one of those 17 categories.

27 The sub-parts of some of the listed forms of relief include appearance before the immigration court or DHS as part of the Service Description (for example, 4.3.c. Post-Submission Follow-Up and Representation – Asylum includes Master Calendar and Merits hearings). But there is also a separate line item – 11 - for Immigration Court/DHS Appearance. Can the government confirm the distinction between appearances under forms of relief and appearances pursuant to Item 11?

The government confirms that the provider may bill per legal service provided, not per court appearance. Item 11 is included in the event a legal service is provided that is not specifically listed in Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025)

28 Can the government please confirm that any direct representation services which are not funded by the federal government count as pro bono services for purposes of this contract?

For purposes of this Contract, pro bono services include any direct representation related to a UAC's immigration proceedings provided by a pro bono attorney at no expense to the government. This may include services not enumerated in the PWS, upon approval by the COR.

29 Can the government please confirm that pro bono legal services provided by legal service provider staff who are partially, but not fully, funded by ORR may count as pro bono services for purposes of this contract? For example, may a staff member who is funded 50% by ORR provide pro bono services for the purpose of this contract using the non-ORR funded 50% of their time?

No, based on the description provided, this does not qualify as the provision of pro bono services.

30 Can the government please clarify whether legal orientations and legal consultations are to be delivered sequentially (legal orientation before legal consultation), to serve the government’s interest in service effectiveness?

Generally, yes. However, the Contractor shall prioritize meeting the requirements to timely provide services and may vary the order of services when necessary.

31 Can the government please clarify what it means for legal services to be required after a UAC is released from ORR custody on a “case-by-case basis” when other sections of the PWS require post-release legal services? Such sections include, for example, Section 5.3.b.ii which requires Contractor to offer representation to UAC released to a URM program and to sponsor residing in the defined service area of the same legal service provider who provided the UAC legal services in ORR care, and Sections 5.1.b.i.E and 5.2.b.i.E, respectively, which require legal orientations and legal consultations for children released from ORR custody without having received these services.

This is in reference to preference categories 45 CFR 410.1309(a)(4).

Proposed updated response: Except for cases provided under 45 CFR 410.1309(a)(4), all direct individual legal services must be initiated prior to a UAC turning 18.

32 Can the government please clarify whether the government intends for representation services to end upon a child’s release from custody or upon a child turning 18?

To the greatest extent practicable, the Contractor shall make every effort to refer a UAC to pro bono counsel who provide representation to UAC without charge.

Pro bono counsel should agree to represent UAC for the duration of their case, including after the UAC is released from custody and until the final adjudication of their case. Alternatively, the Contractor shall continue representation beyond a UAC's release and until the final adjudication of their case.

33 If ending representation in the event of either release, despite 8 USC Sec. 1232(c)(5) and 45 CFR Secs.

410.1309(a)(4) and (d)(1), or turning 18 is contemplated, can the government please describe what provision will be made for pending cases upon funding discontinuation where withdrawal of representation is not ethically tenable or agreed to by the court?

To the greatest extent practicable, the Contractor shall make every effort to refer a UAC to pro bono counsel who agree to provide representation to such children without charge.

34 Can the government please confirm that this provision does not preclude public advocacy by legal service providers directly representing clients as required by attorneys’ ethical responsibilities and the independent judgement of counsel?

Yes, the Government confirms that this provision does not preclude attorneys from abiding by their ethical responsibilities.

35 Can the government please clarify what is encompassed by “ORR or ACF support,” and specifically whether “support” as used in this section includes receiving funding from ORR or ACF?

The Government clarifies that "ORR or ACF support" means any topic related to services provided pursuant to this contract.

36 The language in the PWS states that “the percentage included in their proposal (to be specified at the time of award) of the total cost of all direct representation services” and the example states that “a minimum of 20% of $XX must be provided pro bono”. May the government please confirm that “the percentage included in [the contractor’s] proposal” is in fact to be specified at the time of award, and not a prescribed minimum of 20%?

The Government clarifies that the 20% is provided as an example and is not a prescribed minimum for pro bono services. The Government will incorporate the successful Offeror's proposed percentage in the awarded contract. The pro bono percentage established at time of award is an annual requirement. See Q160 response.

37 May the government clarify whether “the percentage included in [the contractor’s] proposal” is meant to equal the percentage calculated and identified in Attachment B – Pricing Worksheet as the “Pro Bono Discount Calculator” or whether the “Pro Bono Discount Calculator” is a separate evaluation factor?

The “Pro Bono Discount Calculator” is not a separate evaluation factor. The Pricing Worksheet Pro Bono calculator is a tool to assist the offeror.

38 The way the pro bono discount calculator is set up incentivizes inflation of direct rep costs. Can the government instead calculate pro bono using the actual market rate value/cost of services provided pro bono, or the direct representation rate, or a straight percentage of services provided pro bono?

No

39 Can the government confirm that partial placements for pro bono are possible under this contract, such that a child may have some of their work billed by a direct representation attorney and some billed by a pro bono attorney?

Yes, confirming that children may have part of their direct rep funded/billed by an attorney, and other work billed by a pro bono attorney.

40 If the government has denied that the “firm fixed unit price” payment terms align with a fixed price progress payment schedule, can the government please include the relevant FAR contract clause governing fixed price payments with variable work units?

See FAR Companion: FC 16.2 Firm-Fixed-Unit-Price (FFUP) Contract. The guaranteed minimum is included 75P00126R00003 [Rev1](Amd 0003)(12.09.2025), Section H.6

41 The PWS requires a specified minimum of the cost of all monthly services to be delivered pro bono and specifies that if a lower percentage of the monthly cost of services is delivered pro bono, the difference shall be invoiced and paid at the pro bono cost. This makes payment contingent on the contractor requiring volunteers to work on a specific timeframe, which is generally not within the contractor’s control, and therefore constitutes an unreasonable risk for the contractor. Furthermore, in order to ensure the required proportion of pro bono to direct representation work each month, the contractor would need to direct attorneys in both capacities to perform work on specific timelines to ensure payment. Yet ABA model rule 5.4(c): "A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services." Would the government consider conditioning payment on the final percentage of pro bono cost provided over each anticipated contract period (i.e., Base Period, Option Period 1, Option Period 2, Option Period 3, Option Period 4, and 52.217-8)?

Yes. The Government will condition payment on the final percentage at the end of each year.

42 Would the government consider treating the pro bono metric as a contract performance matter rather than reduced payment or nonpayment for work properly performed under the contract?

No.

43 Can the government please clarify that the requirement here is to ensure an individual child’s access to an alternate provider rather than guarantee of receipt of services, as a child could decline an offered service?

Yes, PWS Section 4.5 requires the contractor to ensure that UAC are provided access to an alternate provider, notwithstanding that ultimately the child may decline such services.

44 Children who are placed or transferred into transitional foster care, which is a short-term placement, currently receive orientations upon their arrival and/or transfer in order to apprise them of their rights and obligations and connect them with the legal service provider serving that program. Is it the government's intention to cease providing orientations for children who enter transitional foster care?

No. The Contractor must provide legal orientations and legal consultation to all UAC who are placed in ORR long-term foster care and ORR transitional foster care in accordance with the PWS. The Contractor is not required to provide legal orientations and legal consultations within 10 business to UACs who are transferred to long-term foster care or temporary foster care and who have received these services in their initial placement. The Contractor must, however, provide these services every 6 months for any UAC who is unrepresented and remains in ORR care, including UAC placed in long-term foster and transitional foster care.

45 Can the government please confirm that this provision of orientation to released children is only required for children released from ORR custody within 10 business days of arrival to ORR custody (i.e., expedited release), aligned with 45 CFR Sec. 410.1309(2)(i)(B) and PWS Section 5.2.b.i.e?

The requirement at PWS Section 5.2.b.i.E is removed.

All other provisions should apply as written, though generally it would be applicable only to children who are out of ORR care before 10 days.

46 Children transferred to long-term foster care do not currently receive additional orientations upon transfer because they are guaranteed representation. This solicitation does not appear to mandate representation for children transferred to long-term foster care. Can the government confirm that in situations where a child in long-term foster care will not have representation, the contractor may provide an orientation and bill for it?

Direct legal representation is not guaranteed for any UAC, regardless of placement. The Contractor must provide legal orientations and legal consultation to all UAC who are placed in ORR long-term foster care and ORR transitional foster care in accordance with the PWS. The Contractor is not required to provide legal orientations and legal consultations within 10 business to UACs who are transferred to long-term foster care or temporary foster care and who have received these services in their initial placement. The Contractor must, however, provide these services every 6 months for any UAC who is unrepresented and remains in ORR care, including UAC placed in long-term foster and transitional foster care.

47 This task appears in Section 5.3 under direct representation and legal assistance, but there is no associated billing component in the pricing spreadsheet. This task is related to provision of a list required in PWS Section 5.1.b.iii.c delivery of legal orientation. Can the government please clarify whether Contractor may create, maintain, and bill for this list as part of the Section 5.1 legal orientation delivery despite this provision’s appearance in Section 5.3?

The Contractor shall invoice the Government under the legal orientation CLIN for the creation of a State-by- State list of free legal services, compiled quarterly, to be given to UAC.

48 Can the government confirm whether an “audiovisual” orientation refers to orientation provided remotely via telephone or video teleconference, as telephonic and teleconference orientations are contemplated by 45 CFR Sect. 410.1309(a)(2)(i) and (c)(1)?

Yes. “Audiovisual” includes remote telephonic and video teleconference orientations.

49 May the government confirm that when audiovisual tools are employed, the contractor is still required to provide opportunity for a child to ask questions and receive responses and to assess the child's comprehension of the materials?

Yes, the contractor is still required to provide an opportunity for the child to ask/receive questions to assess the child’s comprehension of the materials.

50 Can the government please clarify how and on what timeline the Contractor will be made aware of out-of-network placements so that it may provide legal orientations within the required timeframe?

The in-care provider will notify the LSP of the child's placement generally within a 48 hour timeframe.

51 Can the government please confirm whether the provision of a list and contact information and the assistance to ensure the child is able to engage an attorney is part of the legal orientation delivery?

Yes this list should be provided by the organization providing the legal orientation.

52 Can the government please identify the statutory mechanism for the "repatriation" referenced in PWS Secs.

5.1.b.iii.D and 5.3.b.i.D, specify the anticipated volume of this case type, and identify the means by which legal providers would be notified of such proceedings?

This refers to children who are eligible to withdraw admission. We are not sure what to expect of the anticipated volume of these types of cases. An estimate of the volume is estimated from a combination of prior voluntary departures and orders of removal.

53 Can the government please confirm that each of the tasks described in PWS 5.2.b Conduct Legal Consultations constitutes a separate Billable Element in Attachment B – Service Descriptions? And if the government denies that each of the tasks described in PWS 5.2 constitutes a separate Billable Element per Attachment B – Service Descriptions, can the government please define what constitutes a Billable Element for Legal Consultation (Screening) work unit?

Initial consultations are billable under the Legal Consultation (Screening) line item in Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025). Subsequent consultations will be billed under the respective form of relief as either part of the application and submission phase or the post-submission and follow-up phase.

54 Can the government please confirm that “paralegal under the supervision of an attorney” may include other legal assistant types, beyond paralegal, as appropriate in the given jurisdiction?

If permitted by the local jurisdiction, yes.

55 Providing an individualized legal assessment of a child’s case is a representation activity subject to attorney ethics rules, and distinct from an intake and/or legal screening described in 45 CFR Sec. 1309(a)(2)(v) in which individualized legal assessments are not typically provided. Can the government please clarify whether it intends for legal consultations to incorporate this type of representation activity?

No. The Government describes the individualized legal services in PWS Sections 5.1 Legal Orientation and 5.2 Legal Consultations ]. The Contractor’s providers must abide by their ethical duties to their clients. We intend for the individualized assessment to be the screening “to determine the possible forms of relief from removal in relation to the [UAC’s] immigration case….” as described in the rule

56 Given that assessing and advising as to a child’s best interest does not fall within the purview of a child’s legal counsel, please confirm that the government does not intend to direct legal services delivered under the contract, as would be inconsistent with attorney-ethics rules prohibiting third parties, including funders, from interfering with the independent professional judgment of an attorney in delivering legal services in a way that is appropriate to an individual client or prospective client.

The Government describes the individualized legal services in PWS Section 5.1 and 5.2. The Contractor’s providers must abide by their ethical duties to their clients. See answer in Question 55 above.

57 The legal consultation service, including especially the provision of an individualized assessment, must be carried out in a developmentally appropriate manner, consistent with PWS Section 4.7.b, over the course of potentially several meetings, especially where legal research might be required. In addition, the Attachment B Pricing Worksheet contemplates that initial case assessment (Items 3.1, 4.1, 5.1, 6.1, 12.1) will involve extensive document collection not completed during a single session. Due to this necessity, can the government please confirm that only the initial meeting related to this consultation service would be completed within 10 business days of the child’s arrival to an ORR facility?

Yes, that is the requirement.

58 The legal consultation service, including especially the provision of an individualized assessment, must be carried out in a developmentally appropriate manner, consistent with PWS Section 4.7.b, over the course of potentially several meetings, especially where legal research might be required. In addition, the Attachment B Pricing Worksheet contemplates that initial case assessment (Items 3.1, 4.1, 5.1, 6.1, 12.1) will involve extensive document collection not completed during a single session. Due to this necessity, can the government please confirm that the contractor may bill for required follow-up meetings needed to conduct a full legal consultation?

The Government describes the individualized legal services in Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025). The Government expects Contractors to abide by their ethical duties to their clients. Initial consultations are billable under the Legal Consultation (Screening) line item in Attachment B. Subsequent consultations will be billed under the respective form of relief as either part of the application and submission phase or the post-submission and follow-up phase.

59 Can the government please confirm that pro bono services under the contract may be provided by DOJ-accredited representatives, and not exclusively by “attorneys that ORR does not fund?”

Yes, DOJ-accredited representatives may provide pro bono services.

60 Form EOIR-28 permits “a law student or law graduate of an accredited U.S. law school as defined in 8 C.F.R. § 1292.1(a)(2)” to provide legal representation in immigration court. Can the government please confirm that law students and graduates may provide required direct representation and pro bono services under the contract?

Yes, law students and graduates may provide direct representation and pro bono services under the contract.

61 Can the government please confirm that paralegals and legal assistants working under attorney direction and supervision may provide required pro bono services under this contract?

Yes, if permitted by the rules in the relevant jurisdiction.

62 Can the government please confirm that the transition-in plan should provide for the transition of all cases currently funded and still receiving active representation under the existing legal services contract for unaccompanied children?

Yes. The offeror must provide a transition-in plan that details how the offeror will assume all active cases from the current Contractor.

Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025) now includes a mechanism to price the transition case quantity.

63 If cases that are currently funded and still receiving active representation are to be transitioned into the new contract, how should offerors account for the need to provide coverage for these cases in their proposal?

The offeror must provide a transition-in plan that details how the offeror will assume all active cases from the current Contractor.

Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025) now includes a mechanism to price the transition case quantity.

64 If cases that are currently funded and still receiving active representation under the existing legal services contract for unaccompanied children are to be incorporated into the new contract, can the government please confirm whether and how those pending cases are to be included in the pro bono metric calculation?

The offeror must identify how many total cases it will be able to place with pro bono attorneys. As part of its proposal, the offeror must identify its capacity to provide pro bono. The offeror can identify how many assumed cases will become or remain pro bono as part of its transition-in plan.

65 If cases that are currently funded and still receiving active representation under the existing legal services contract for unaccompanied children are to be incorporated into the new contract, can the government please confirm whether those pending cases will continue to be billed at the current Time & Materials model, or whether they are to be included in the new Firm Fixed Price model, or whether they will be compensated in some other manner?

The Government expects the Contractor to develop a transition plan that assumes active cases from any prior Contractor.

The offeror must provide a transition-in plan that details how the offeror will assume all active cases from the current Contractor.

Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025) now includes a mechanism to price the transition case quantity.

Estimated transition case quantities have been added.

66 Can the government please describe the specific circumstances under which ORR may discontinue funding direct representation services?

Per 45 CFR 410.1309(a)(4), funding for direct representation is subject to ORR's discretion and available appropriations.

67 Can the government please describe what provision will be made for pending cases upon funding discontinuation where withdrawal of representation is not ethically tenable or acceded to by the court?

If funding ceases, the Contractor will either halt unpaid services or continue at its own cost.

68 Can the government please clarify whether children not yet in immigration removal proceedings due to, e.g., the government not yet having filed a Notice to Appear, are eligible for the contract-funded representation?

Yes, they are eligible for contract funded representation.

69 Can the government please clarify how forms of relief, including but not limited to VAWA, family-based petitions, and citizenship claims, that are not listed in the PWS or in the Pricing Worksheet are to be billed?

See response to Question 2

70 Can the government please clarify whether the PWS contemplates representation before any adjudicator, e.g., a state juvenile court, as might be appropriate antecedent to filing before DHS for SIJ Status?

The legal services required by the PWS may be performed before any adjudicating body/immigration authority. See answer at Q2.

71 The Performance Work Statement lists filings for employment authorization as an “immigration-related” service while the Pricing Worksheet includes them as part of “non-immigration related representation.” Can the government please clarify whether filings for employment authorization are considered “immigration-related services” or “non-immigration related matters?”

The government confirms that employment authorizations may be filed as part of the direct legal services described in Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025).

Employment authorization applications have been moved to the Other Direct Legal Services category and are considered immigration related.

72 Can the government confirm whether this language permits the Contractor to offer representation to released children outside of these specifically described categories, consistent with 8 USC Sec. 1232(c)(5) and 45 CFR Secs. 410.1309(a)(4) and (d)(1)?

Yes.

73 Can the government please confirm that legal providers shall offer representation to children enrolled in URM programs with relief granted but who require representation on items ancillary to the granted relief, e.g., filing for employment authorization documentation?

Yes

74 Can the government please confirm whether Contractor can offer representation to children released from ORR custody, provided they remain under 18 years of age, regardless of whether they are released to the defined service area of the same legal service provider who provided them legal services while in ORR care? For example, if a child received legal services in ORR custody in New York, and is released to a sponsor in Wisconsin, can a legal service provider in Wisconsin initiate representation with the child provided they remain under 18 years of age at the time of initiation of representation?

Yes.

75 Can the government please confirm that the offer of courtroom assistance, rather than provision, is what is required by this language, and similar language throughout the PWS (e.g., Sections 5.1 and 5.2), given that a child might decline the offer of service?

A UAC has the right to refuse any legal services.

76 Can the government clarify how the contractor may bill for in-person or remote courtroom assistance as the pricing spreadsheet does not appear to include a line item covering this work? The closest line item is 009 “Immigration Court/DHS Appearances” but the “service description” for that line item is limited to representation only.

For purposes of pricing the proposal, there is no differentiation between in-person or remote courtroom assistance and Immigration Court/DHS Appearances.

77 Can the government please clarify how the determination and coordination for the ORR program will happen and by whom?

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

78 Entry of appearance frequently occurs after legal representatives have been engaged and begin performing funded work on a case. Can the government confirm that engagement of pro bono representation may be invoiced upon its inclusion in data reporting related to representation for the particular child, rather than tied to submission of any entry of appearance?

Invoicing may occur when there is proof of submission of an entry of appearance.

79 Can the government please clarify: Whether this notice to ORR is intended for all children represented under the contract or only children represented in ORR custody, given the reference to care provider staff?

Whether referenced additional notices of entry of appearance as representation, such as the G-28 USCIS form, are required despite implementation of Form L-3 by ORR for this purpose of identifying children’s legal representatives? What is the “designated system of record” referenced?

Used "notice' from PWS 5.3 b. vi.B to answer this question. The L-3 Form applies. ORR will remove the G-28 reference in the PWS.

Q1 – Whether this notice to ORR is intended for all children represented under the contract or only children represented in ORR custody, given the reference to care provider staff? A – All children

Q2 – Whether referenced additional notices of entry of appearance as representation, such as the G-28 USCIS form, are required despite implementation of Form L-3 by ORR for this purpose of identifying children’s legal representatives? A - Used "notice' from PWS 5.3 b.

vi.B to answer this question. The L-3 Form applies.

ORR will remove the G-28 reference in the PWS.

Q3 - What is the “designated system of record” referenced? – edited PWS to state designated by the COR

80 Some pro bono attorneys may support legal cases without entering an appearance, e.g., by doing county conditions research, preparing legal briefs, etc, which helps limit costs on direct representation cases. Under the pricing structure of this solicitation, how would the government expect to credit the contractors for the pro bono contributions in this circumstance?

"Credit" for bro bono as described by the offeror is not within the pricing model. Services must be priced and invoiced as either fully paid or pro bono.

Notwithstanding, additional pro-bono work done on a specific case at the contractor’s discretion is encouraged.

: Services are invoiced as either fully paid or fully pro bono. The government suggests that the offeror capture all pro bono efforts by aligning those efforts to the legal services described in Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025).

(For additional pro bono clarification reference Q159, and Q160)

81 The PWS and Attachment B are both silent on referrals of unrepresented children’s cases, other than referrals for children transferred between ORR facilities and children unable to communicate with a legal provider. Referrals for unrepresented children, other than transfer referrals, typically occur when a child needs representation upon release from ORR custody or needs representation on a legal matter falling outside the legal provider’s expertise. Referrals may also be necessary when a child requires child advocate services under the TVPRA or other services supportive of the legal case, both of which are only currently provided for in the PWS for the small subset of unrepresented children who are unable to communicate with a legal provider. Can the government please confirm that a service referral for children’s cases and pro bono referral for children’s cases constitute a Billable Element for Legal Consultation (Screening) in Attachment B?

And if the government denies that a service referral for children’s cases and pro bono referral for children’s cases constitute a Billable Element for Legal Consultation (Screening) in Attachment B, can the government please define how the contractor should deliver and bill for referrals?

Referrals do not constitute a separate billable element.

Referrals are part of the service delivered during a legal screening and must be priced under Legal Consultations in Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025)

82 The PWS and Attachment B 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 pro se assistance rather than representation would be more cost effective and efficient for the government and relevant stakeholders.

Examples include court preparation sessions for children in custody (currently included in the Pricing Worksheet but not the PWS); assistance with filing 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 filing 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 release on their own recognizance. May the government please clarify whether these legal services beyond representation may be delivered under this contract and, if so, under which Pricing Worksheet service item they should be accounted for in the Contractor’s pricing proposal?

The Government presumes the offeror intended to reference “pro bono assistance” rather than “pro se assistance.” The forms of relief described in the PWS that the contractor must pursue on behalf of UAC are non-exhaustive. For purposes of pricing the proposal, any services provided must be priced within one of the 17 categories in Attachment B-Pricing Worksheet UAC Legal Services [Rev1] (Amd 0003)(12.09.2025) See answer to Q2 for additional information.

83 The tasks outlined in PWS 5.3.c are not remunerated separately in Attachment B – Pricing Worksheet. Can the government confirm that the costs associated with these tasks are to be included in the Pro Bono Service pricing for each legal service?

The pro bono award is calculated as a percentage of the total annual direct service cost. Although the Government established separate pricing for LSP Network Management, costs associated specifically with managing pro bono shall…