Attachment 01 PWS 20240307.docx

PERFORMANCE WORK STATEMENT

U.S. Department of Health and Human Services

Administration for Children and Families

Performance Work Statement for the Direct Care, Supervision, Facility Management Services for Unaccompanied Children, Influx Care Facility, Greensboro, NC

March 7, 2024

Contents

1.0 General

1.1 Introduction

The Office of Refugee Resettlement (ORR) provides new populations with the opportunity to achieve their full potential in the United States. Our programs provide people in need with critical resources to assist them in becoming integrated members of American society. In addition to providing benefits and services to eligible people including refugees, asylees, Cuban/Haitian entrants, Special Immigration Visa holders, Amerasians, and victims of Trafficking ORR provides care and placement for unaccompanied children (UC) who enter the United States (US) from other countries without an adult guardian.

ORR cares for children through its network of grants-based shelters. ORR supplements its shelters capacity, when necessary, through capacity delivered by Contractor operated Influx Care Facilities (ICFs) and hybrid Shelter/ICFs. The Greensboro ICF is a vitally important component of delivering ORR’s childcare capacity.

1.2 Objectives:

The objective of this Performance Work Statement (PWS) is to specify ORR’s requirements for the provisions and operations of the Greensboro ICF and related services. This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Under this PWS, the Contractor shall provide:

· Direct Care Services (DCS) including all personnel, services, and resources necessary to provide for shelter and ICF based care and supervision of UC aged 13 to 17-years-old, and if directed, ages 0-12 housed at the ICF site

· Facility management and maintenance necessary to safely house UC

· UC Records Management

Prime Contractor capabilities, experience, subcontractor base, community-network, and expertise related to the provision of safe and appropriate care and support of UC, and/or similarly situated at-risk minor populations are critical to the success of this effort.

1.3 Scope of Work:

The Scope of Work includes providing comprehensive services and resources required to provide and operate a safe and appropriate shelter and ICF. The Contractor shall follow Flores Settlement Agreement standards. It includes the services, supplies, and equipment necessary to provide direct care, supervision, facilities management and maintenance, and related services for UC ages 13 to 17 years, individually or in family groups. Additionally, it includes UC ages 0 – 12 (referred to as Tender Age) as an optional task at the discretion of the government. The scope includes the following as defined in section 2.0 below:

Direct Care:

· Admission and Orientation

· Case Management (optional task)

· Medical Services

· Behavioral Health Services

· Line of Sight Supervision

· Educational Services

· Case Management (Optional Task)

Facilities Management and Maintenance:

· Planning and coordination to support facilities operation management (supervision, personnel, labor, materials/supplies, equipment, and other necessary items and services to complete work)

· Compliance with federal, state, and local environmental, health, and safety laws

· Timely and proactive facility maintenance

· Maintenance/repair to equipment and/or system failure for equipment/property on site – Contractor and government owned

· Emergency Transportation of Children

· Post-release transportation of children (optional task)

· Vehicles for staff and UC transport on site

· Custodial Services

· Provide security and safety services: radios; monitored site-wide video surveillance system, scanners and badging; armed (optional task) and unarmed security

· Ambulance and Firefighting services (optional tasks)

· Emergency Evacuation & Fire Detection System Management

· Storm damage repair; rainwater/flooding mitigation

· Preparation and planning to include evacuation for storms and natural disasters including floods, tornados, hurricanes, wildfires, and earthquakes.

· Safe drinking water

· Food and meal preparation services; (breakfast, lunch, dinner, snacks)

· Refrigeration services for vaccines and medicines

· Beds and bedding

· Hand washing/sanitation stations

· Mobile power generation services for structures and services

· Waste removal (to include medical and biohazardous) and site cleanliness

· Laundry Services

· Manage and support IT services, including internet (for all Contractors and government personnel on site), system administration, tracking/badging system, and equipment onsite including networking, computers, printers, and supplies

· Site safety and security lighting

· Government property management

· Logistics handling and movement of Government Property related to the ICF

· Offsite parking and shuttle service for contractor’s employees (optional task)

UC Records Management

· Maintaining all data required in UC Portal, the ORR official database of record per NARA

· Ensuring all paper and electronic records are maintained IAW this PWS

· Develop a system of accountability which preserves the confidentiality of client information and protects the records from unauthorized use or disclosure

The government reserves the right under a future modification to establish the services and site as a hybrid shelter ICF. In the hybrid ICF, the shelter portion of the services and facility must meet state (or federal if established) shelter standards and licensing in states where allowed; in the ICF portions, it must meet ICF standards in accordance with ORR UC Policy Guide 7 and the Flores Settlement as specified in the PWS. Under a modification to a hybrid ICF, a base shelter level shall be set as the minimum operational status. Increments above that base shelter level may be utilized to meet influx requirements.

Service for case management, staffed bed capacity to 975 beds, tender age children, post-release transportation, emergency response capability (Medical and Fire, and armed security) and preparing and transferring to ORR all Video Surveillance data beyond the last 120 days shall be optional tasks available at the discretion of the government.

1.4 Background

The Homeland Security Act of 2002 and the William Wilberforce Trafficking Victim Protection Reauthorization Act of 2008 (TVPRA), 8 U.S.C. § 1232(b)(3), requires the U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR) to accept referrals and provide care and custody of UC in federal custody by reason of their immigration status. The TVPRA requires, absent exceptional circumstances, any federal agency that has an unaccompanied child, as defined in the statute, in its custody to transfer custody of such child to HHS/ORR within 72 hours of determining that such child is an unaccompanied child.

Vision of the procurement and future. ORR seeks to enhance its operational flexibility with its ICF network. ORR seeks to maximize flexibility to place Tender Ages and related UC and manage medical isolation and quarantine requirements without impact to operational bed capacity, In its overall childcare capacity objectives, ORR seeks to provide a shelter level of care at its ICF facilities where feasible. ORR intends to migrate its ICF network to this hybrid model as circumstances, including facility availability, site safety and security, state childcare licensing where possible, policies, regulations, and contracts allow.

Greensboro ICF procurements. The campus and its facilities have been acquired by ORR through a lease and shall be furnished to the Contractor to provide the ICF. Direct care: The incumbent Contractor has provided direct care, in warm status since May 2022 through two contracts. The first through the Department of the Interior (DOI) and then, since May 19, 2023, through GCS. Facility management: facility management has been provided via a blanket purchase agreement call order with GCS since June 1, 2023.

1.5 Type of Contract

Reserved

1.6 Period of Performance

The Period of Performance (POP) is anticipated to include a ramp up period to allow initial site mobilization with a base of 12 months, and four (4) 12-month option periods if exercised.

The contract includes FAR clause 52.217-8, Option to Extend Services and FAR clause 52.237-3, Continuity of Service.

1.7 Place of Performance

Place of Performance will take place at the ICF site in Greensboro, NC unless the site is in a Cold Status or as specified in the PWS. During cold status, some staff, by exception, whose positions are not required for maintaining the site and facilities may physically work off-site or in a remote capacity with the by-name and position approval of the Contracting Officer Representative (COR).

1.8 Reserved

1.9 Applicable Documents:

The Contractor shall abide by all regulations, guidelines, and policies incorporated in this PWS via Appendix 1.

2.0 Specific Required Tasks

Regulations, guidelines, settlements, field guidance, and policies (henceforth collectively referred to as Applicable Documents) drive the requirements within this PWS. Moreover, the documents with reference to ORR, ORR staff, Federal Employees, or other federal entities or agencies, apply to the Contractor with equal force. Performance shall be in accordance with this PWS and with policies and other documents located at PWS Appendix 1. Where any discrepancies may exist between requirements included within the text of this PWS and Applicable Documents attached at PWS Appendix 1, the attached documents and those incorporated through future notice/modification take precedence.

The Contractor shall monitor current Applicable Documents referenced and/or included in this PWS and shall give written notice within seven (7) days to the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) if changes to such documents differ from those set at time of contract or subsequent modification/notice. Additionally, the Contractor shall give written notification within the same timeframe to the CO and COR if it is unable to abide by anticipated changes to Applicable Documents. Failure to make such notifications in a timely manner shall be deemed a breach of contract.

ORR distributes significant changes to applicable UC policies via email distribution from ORR’s ucpolicy@acf.hhs.gov email address. The Contractor shall coordinate through the COR upon award to receive the distribution.

The Contractor shall provide the services required by this PWS and by the requirements included in the Applicable Documents at Appendix 1 to include those required by ORR UC Policy Guide Section 3 Services, UC Policy Guide Section 7.5 Policies for Influx Care Facility Required Services (for the ICF capacity), and by the Flore’s Settlement Agreement.

Unless provided by the Government in this PWS or during performance by the CO the Contractor shall develop, and provide to the COR for acceptance, added performance metrics for each requirement in Section 2. Every numbered Section (as appropriate) and subsection shall have one or more performance metrics. Performance metrics shall be meaningful and measurable. See Tables 4.0 Delivery of Deliverables and 9.0 Performance Metrics.

2.1 Capacity, Site, Mobilization, and Status Change Timeline Requirements

2.1.1 Capacity Requirement:

The population size (also referred to as census) will be determined by the capacity of the site provided by the Contractor at the determination and direction of the CO. The required total staffed capacity is 800 staffed beds. As an optional task, the site total staffed capacity may be increased by 175 for a total of 975 beds.

ICF capacity is to be in operation on an as-needed basis. ORR primarily uses ICF capacity on a temporary basis when its shelter beds is at capacity per ORR guidance. The operational status and population size at this ICF is expected to vary based on ORR’s needs. Therefore, the Contractor shall have the capability to adapt to changing conditions, up to the required maximum population size. When the census is increasing, the Contractor must accommodate by increasing staff and support services and decreasing staff and support services when referrals decrease in alignment with operational status to the level specified by the CO.

The defined and priced requirements under this contract shall be measured in terms of facility capacity for each bed increment for UC general (non-isolation/quarantine) population, facility capacity for medical isolation or quarantine beds at up to 10% of the census, staffing support for general population beds, and staffing support for up to 10% medical isolation and quarantine beds. Isolation and quarantine beds available will not be deducted from the site’s capacity. The Contractor shall not reserve the percentage for isolation/quarantine from the beds available in any operational increment, but shall provide that percentage, as needed, within each increment. For example, if at the 100-bed operational increment, the Contractor shall not reserve 10 beds for isolation and or quarantine but shall place up to 10 children requiring isolation/quarantine as needed. ORR will not place at the ICF a quantity of children (healthy, requiring isolation or quarantine) in excess of the then-current operational increment.

For Medical isolation and quarantine definitions, see 10.0 -Glossary of Abbreviations, Acronyms and Definitions

2.1.2 to 2.1.5 Reserved.

2.1.6 Site Security Requirements

See also 2.4.19, Safety and Physical Security.

· To promote child privacy, if required during performance, provide or repair screening on fence to block lines of sight into the site where views from outside the site are not obscured.

· The site has installed a government furnished Video Surveillance System (VSS). The contractor shall supplement (camera numbers and placements, ancillary component) the system as necessary to achieve and maintain video surveillance of screening checkpoints, exits, loading docks, lobbies, facility perimeter, parking areas, walkways, exterior areas where there are services for children, sensitive interior areas, personnel and vehicle entrances, other potential access points, public interior areas of all buildings that are occupied by children. This does not include bedrooms or bathroom areas.

· Minimize areas of concealment in and around facilities and the perimeter fence. Maintain, improve, or establish as necessary a clear zone around barriers or fences and restrict landscaping from obstructing views of the security force, VSS cameras/interfering with lighting/Intrusion Detection System (IDS)

· Maintain or improve as necessary exterior lighting at entrances, exits, parking lots, garages, VSS system and coverage , and walkways from parking areas to entrances, and around building perimeter areas

· Maintain or improve as necessary fences, walls, gates, or other barriers to prevent unauthorized access to restricted areas and monitor VSS or security force patrols. Use High Security Locks, access control and Intrusion Detection systems. Fencing and installation hardware must be child safe and anti-climb. Fencing should prohibit visibility of interior of property.

· Provide as necessary a ballistic protective barrier in the utilization of guard booths, desks, or podiums where armed guards and other security personnel are stationed when interacting with unscreened personnel.

· Provide as necessary a vehicle barrier to protect pedestrian entrances from penetration by a vehicle

· Secure handles, control mechanisms, and service connections at on-site publicly accessible utility locations with locks or other anti-tamper devices. Provide VSS monitoring or periodic security force patrols.

· Screen visitor vehicles before entry into the controlled parking area. Randomly screen employee and Contractor vehicles during heightened security alerts. Establish a list of prohibited items, including potential weapons.

· Provide a means to secure employee entrance doors and to verify the identity of persons requesting access prior to allowing entry in the facility by physical or electronic means.

· Provide duress buttons or call buttons at guard posts, sensitive public contact areas, and other areas that are identified as high-risk locations.

· In addition to requirements specified elsewhere in this PWS, meet the minimum safety and security related requirements listed under UC Policy 3.3.4 Safety Panning, Overall Safety Planning, located at Appendix 1.

· Weapon storage for armed security shall not be located on the ICF site.

2.1.7 Temporary Structures

If approved by the CO and coordinated and approved through the lessor and, as necessary, the homeowner’s association, the Contractor may, by exception, provide during performance hard-sided or soft-sided temporary structures to supplement existing buildings on the site. Hard-sided temporary structures may be used for all activities. Soft-sided temporary structures may only be used for kitchen, dining, and recreation activities. The COR shall inspect the units prior to or upon use at the site, and if they do not meet the minimum standards of care specified in this contract, the Contractor is responsible for replacing the units at no additional cost as soon as reasonably possible.

The Contractor must ensure that the placement of temporary structures is in accordance with fire and safety codes, providing sufficient ingress and egress points in the event of an emergency. The Contractor will keep all inspection reports, occupancy permits available to provide to the COR upon request. The Contractor shall provide all landscaping or preparation services necessary for the installation of the temporary structures, including clearing, leveling, and preparing the grounds for installation. The Contractor shall provide all equipment and supplies necessary to ensure that the temporary structures are functional as intended.

The approval to use temporary structures shall not be assumed and performance under this contract shall not be contingent upon their use. See PWS Section 7.2 Assumptions/Constraints.

2.1.8 Phone, Computer, Cable, Internet, and IT System Requirements

See also PWS 7.5 Baseline Security Requirements, 7.6 Section 508 Requirements and GFE listing.

2.1.8.1 Prevention of Sexual Abuse (PSA) telephones

ORR UC Policy Guide Section 4.10.1 enables UC to report sexual abuse, sexual harassment, inappropriate sexual behavior, and violations of Staff Code of Conduct. The Contractor shall provide preprogrammed PSA telephones (capable of at least 10 phone numbers) in areas of the facility and other areas where children may have where children may easily access them without assistance from staff but where they are also afforded some level of privacy so that other children and staff cannot easily listen to telephone conversations. The Contractor shall provide children access to telephones with preprogrammed numbers for the UC Sexual Abuse Hotline, Child Protective Services (CPS), and the local community service provider or national rape crisis hotline. The Contractor shall include other preprogrammed telephone numbers, such as telephone numbers for consulates or a legal service provider, in order to avoid any potential stigma in using the PSA telephones. The Contractor shall ensure that all youth are taught how to access and use preprogrammed telephones as part of educational sessions when describing available reporting methods.

2.1.8.2. System Descriptions.

Contractor shall sustain, operate (including service subscriptions), augment and upgrade as necessary or as directed by the CO government furnished IT systems. This includes VOIP phones, computers, Starlink, and the Video Surveillance System. All additional electronics and information technology (IT) shall be 508 Compliant (See PWS 7.6). The Contractor shall ensure that all computers receive current software updates prior to distribution to staff and that ongoing antivirus scanning and patching occurs on a routine basis once the site is operational.

Details of IT system components including quantities are within the GFE listing.

The voice and data communication systems accommodates a minimum of 200 users with the ability to make international calls. This work includes, but is not limited to, Internet connectivity, Cable, cellular Wi-Fi, cellular phones, and VoIP.

Verizon Cellular wifi netwok consisting of Waveform Antenna for amplify signal of craddlepoints. Current service provider is Verizon.

Cellular phones with service

Starlink: The Contractor shall maintain the Starlink system consisting of the Flat High Performance System and ancillary components required for distribution of data. The Contractor shall provide no less than the Mobile Priority 5TB Plan.

VSS: The VSS consists of a network of approximately 500 interior and exterior cameras and other components of these types:

· CD52 Indoor Dome Camera, 256GB, 30 Days Max

· CD52-E Outdoor Dome Camera, 256GB, 30 Days Max

· CB62-E Outdoor Bullet Camera, 1TB, 60 Days Max

· Verkada VX52 Viewing Station

· Verkada AWS servers

· Network Array servers for on-site storage

Cloud storage: Cloud storage may only be utilized for storing ICF video data if an Authority to Operate (ATO) is received or if the Contractor utilizes ACF approved cloud solutions.

2.1.9 Initial Site Mobilization

Initial mobilization also includes the preparation of existing facilities to safely and fully provide all ICF services and all aspects of staffing including recruitment, orientation, background check applications, and training. It also includes receiving any required authorizations and Authorities to Operate (ATO); see PWS 7.7.

Initial mobilization is not complete until the Contractor affirms the site is ready for UC placements (facilities and staffing), and, if in an operational status, ORR has designated the contractual number of beds as available. If the ICF is in an operational status at award and during transition, the Contractor must be ready to provide full services to the current census of children and up to the initially CO directed operational increment.

Placement of UC – Placement of UC will be at the discretion of ORR and no earlier than upon satisfactory completion of site preparation and mobilization.

Facilities Management

The Contractor shall provide facilities management to provide the beds per the timeline specified in Table 2.1.9. Facilities shall include permanent support for ORR personnel and other ICF support Contractor personnel. Contractor shall also accommodate:

· Upon award, through the mobilization period, and during ramp-ups: ORR ICF Security Subject Matter Expert (SME) representation to ensure efficient movement of contract staff through the background check vetting process. Location shall be at the ICF or at a location as close as feasible to the ICF if facilities are not yet available to the new Contractor.

· Additional federal staff on-site to include the COR and representatives from each critical area of service to provide training, knowledge base, and direct SME support for Contractor ramp-up operations.

· Accommodations for other ICF support Contractors (e.g., case management and transportation, if not awarded as an optional task, case coordination, and legal services).

Staffing.

The Contractor shall provide the staffed bed capacity up to 800 beds (and to the capacity of 975 if that option is exercised) within the timelines in PWS Table 2.1.9 (both with a staff supervision of uncleared staff plan and for having all staff, as appropriate, cleared for unsupervised line of sight supervision of children); actual staffing levels will be based on the initial ICF status defined in the award or as directed by the CO.

· Direct care and facility staff shall be fully trained within the mobilization timelines. Contractor shall demonstrate readiness to the Senior Site Official, on-site federal team, and obtain the COR’s acknowledgment of its readiness prior to the CO directing the Contractor to enter the initial status specified in the award.

· The Contractor shall provide in its proposal detailed facility plan and, as part of its initial Program management Plan (PMP), a detailed staffing plan to meet the initial site mobilization (PWS Section 2.1.9) and post-award ramp-up and down (PWS Section 2.1.10) requirements of the PWS. The plan shall include its recruiting and management approach to staff the ICF for ramp ups through the maximum capacity proposed. The plan shall detail the staffing approach (including ratios and shift details) to provide staffing required by this PWS in sections 2.3.3.6 medical staffing, 7.3 Personnel and Staffing, 2.1.1 staffing for medical isolation or quarantine, 7.3.1 Background Investigations, and 7.3.2 Staff Supervision of Uncleared Staff. The plan shall include the management approach to staff recruitment and retention in consideration of fluid nature of ramp-ups and downs and background check requirements of PWS section 7.3.1. A refined PMP with staffing plan shall be furnished to ORR for COR acceptance seven (7) days prior to contractually completing site mobilization.

Table 2.1.9 -Initial Site Mobilization Timelines

Operational at 250 beds

Operational at 500 beds

Operational at 800 beds

Operational at 975 beds (Optional Task)2

Table Notes:

1. ORR approved staff supervision of uncleared staff plan. See PWS Section 7.3.2.

2. If exercised

3. Effective payment dates -- See PWS 7.1 Payment Terms and Conditions

2.2 Post Award Status Changes, Ramp-Ups and Ramp-Downs

The Contractor shall change status and ramp-up and ramp-down during contract performance upon notice by the CO within the timelines in Table 2.2 (both with a staff supervision of uncleared staff plan and for having all staff cleared). The Contractor shall have the facility and staffing agility to achieve status increases and ramp-ups per the required timelines without the need for a waiver.

Table 2.2 Post Award Status Changes, Ramp-Ups and Ramp-Downs Timelines

Table Notes:

1. The CO is the only individual with the authority to specify the operating status of the ICF.

2. Multiple increments may be included in one notice, however, each increment is allowed, separately, its maximum days per the chart for Staff Supervision Plan.

3. All Staff Cleared timelines are combined in notices for multiple increments.

4. Staff supervision of uncleared staff plan -- See PWS Section 7.3.2

5. Effective payment dates -- See PWS Section 7.1 Payment Terms and Conditions

2.2.1 Post-Award Ramp-Up and Ramp-Down Notices:

Notices: The CO will provide ramp-up and ramp-down notices in writing to the Contractor. A contract modification may be executed post-notice by the CO if additional funds are required for the ramp-up requirement.

Ramp-Up: Timelines will be per Table 2.1. Once a ramp-up notice is given, the Contractor will stay at the notified minimum number of beds, or higher if given subsequent notification, for at least 28 days before decreasing. Additional bed capacity can be added during those 28 days. With each additional increment of bed capacity, the 28-day timeline resets.

Ramp-Down: Timelines will be per Table 2.1. The government may execute multiple ramp-down increments at once (during a single 7-day period).

2.3 Direct Care Services Requirements:

2.3.1 General

Successful contract performance will ensure that a full complement of services in accordance with (IAW) this PWS is provided to UC by a cadre of qualified staff, in a timely manner, and to meet the unique needs of the UC population. Independently, and not as an agent of the Government, the Contractor shall furnish all the necessary facilities, services, qualified and cleared personnel, materials, and equipment, not otherwise provided by the Government, as needed to perform the requirements described in this PWS.

The Contractor shall perform the tasks and meet the delivery requirements in accordance with stated performance standards of this PWS.

The Contractor shall maintain the facilities and sufficient cleared and trained personnel, supplies, and services necessary to accommodate the bed capacity required by ORR as directed by the CO in the award and in subsequent notices and modifications. For staffing requirements, see PWS 7.3 Personnel and Staffing and 2.3.3.6 Medical Staffing.

Placement of UC at the ICF shall be in accordance with ORR UC Policy 7.2 Placement into Influx Care Facilities located at PWS Appendix 1.

All services provided to UC must be tailored to the unique needs of UC and commensurate with their age, gender, level of development, and other demographics such as country of origin, primary language-spoken, etc. The Contractor shall comply, to the greatest extent possible, with State child welfare laws and regulations (such as mandatory reporting of abuse), as well as State and local building, fire, health and safety codes, that ORR determines are applicable to non-state licensed facilities. If shelter option is exercised, then state licensing standards will be applicable and must be adhered to for shelter beds.

The Contractor shall deliver services in a manner that is sensitive to the age, culture, native language, and needs of each UC. The Contractor shall develop an individual service plan for the care of each child.

Unless otherwise specified in this PWS, any requirements in the ORR UC Policy Guide at PWS Appendix 1 that apply to a “care provider” or an ORR Care Provider apply to the Contractor and its subcontractors.

The Contractor shall make recommendations for housing UC in a manner that achieves these goals for acceptance by the ORR. In addition, the Contractor is encouraged to conduct outreach and partner with local non-governmental and community-based organizations to the greatest extent possible with acceptance from the COR.

The Contractor shall take into consideration demographics of the UC, as well as medical status of the UC. The Contractor shall house UC according to demographics that adhere to ORR UC Policy Guide at PWS Appendix 1 for age and gender with male and female UC housed in separate areas. For the purposes of this contract, “area” is defined as a separate dormitory where sight and sound separation are maintained.

The Contractor shall house UC who are lesbian, gay, bisexual, transgender, queer, intersex and asexual in compliance with ORR UC Policy Guide Sections 3.5.4 Housing and Section 4.8.2 Use of Assessment Information at PWS Appendix 1.

When making housing assignments for a transgender or intersex youth, the care provider must consider the youth’s gender self-identification and the effects of a housing assignment on the youth’s health and safety. Care providers must not base housing assignment decisions of transgender or intersex youth solely on the identity documents or physical anatomy of the youth. The child’s self-identification of his, her, or their gender and self-assessment of safety needs must always be taken into consideration as well. The care provider’s housing assignment of a transgender or intersex child shall be consistent with the safety and security considerations of the care provider facility and State and local licensing standards. If State and local licensing standards conflict with the care provider’s determination for a youth’s housing assignment, the care provider should immediately contact the ORR/FFS for further guidance through the COR.

If a youth expresses safety or privacy concerns or the care provider otherwise becomes aware of privacy or safety concerns related to restrooms or dressing areas, the care provider must take reasonable steps to address those concerns. This may include, for example: the addition of a privacy curtain or partition; provision to use a nearby restroom or office; or a separate changing or restroom schedule. The care provider should contact the ORR/FFS for further guidance through the COR if the care provider is uncertain about the appropriate steps to take.

The Contractor shall have the cultural awareness and systems in place to support the cultural identity and needs of each UC. The Contractor shall conform to ORR UC Policy Guide 3.3.7 Services Related to Culture, Language, and Religious Observation at PWS Appendix 1

The Contractor shall implement strategies and devices to reduce noise in housing areas to the maximum extent practicable. This may include partitions and other dividers that do not impede line of sight supervision, nor impact fire safety code, and as accepted by the COR.

The Contractor shall provide all personnel and services necessary to care for UC housed at the ICF. Program rules and discipline standards shall be formulated with consideration for the range of ages and maturity in the program and shall be culturally sensitive to the needs of children. The Contractor shall employ strength-based behavior management and trauma-informed care approaches and never hit, harass, humiliate, or degrade a UC or staff member. Examples of strength-based behavior management and trauma-informed care approaches include using conflict resolution, problem solving skills, rewards and consequences and de-escalation techniques and helping children learn accountability and self-control. Behavior management strategies used by the Contractor must meet child welfare best practice standards. ORR approves care provider written policies and procedures for behavior management (See Deliverable Schedule at Table 4.0), including rules for the program, rewards, and consequences for behavior (ORR UC Policy Guide Section 3.3.13 Behavior Management at PWS Appendix 1).

The Contractor shall maintain records of case files and makes regular reports to ORR. The contractor shall have accountability systems in place, which preserve the confidentiality of client information and protect the records from unauthorized use or disclosure. Federal Privacy Act and record retention regulations. Contractor shall comply with all Federal Privacy Act and record retention regulations for the collection, storage, and disposition of personally identifiable information (PII) and protected health information throughout the duration of the contract. See also PWS Section 2.5 Records Management.

2.3.2 UC Orientation

Within 48 hours of admission, the Contractor shall provide UC with a comprehensive orientation in accordance with ORR UC Policy Guide 3.2.2 Orientation at Appendix 1 regarding program intent, services, rules (written and verbal), expectations and the availability of legal assistance.

ORR UC Policy Guide Section 3.2.2 Orientation:

Care providers shall have a standardized orientation that is provided to all admitted UC. The orientation must be provided within 48 hours of admission and must be presented in a fashion that is appropriate for the age, culture, and language of the child or youth. The orientation must be provided in formats that are accessible to UC who are limited English proficient, deaf, visually impaired, or otherwise disabled, as well as those who have limited reading skills.

If the UC is not literate, the care provider must verbally explain all the documents in the UC’s native or preferred language. If forms are not translated into a language that the UC can read, the care provider staff must verbally interpret the document for the child or youth. Care providers lacking staff who speak UC’s native or preferred language must make every attempt to utilize a professional interpretation service for the UC’s orientation. In cases where no such service exists, or is unavailable, then care providers must immediately consult with the ORR FFS, the Care Coordinator, and other relevant stakeholders to create and implement a strategy for communicating with the child as effectively as possible.

The orientation shall also address ORR UC Policy Guide Section 4.7.1 Educating Children and Youth on Sexual Abuse and Sexual Harassment, at Appendix 1, which is an orientation on topics related to preventing, detecting, and responding to sexual abuse and harassment. The Contractor shall also provide a refresher orientation to children every 90 days from the initial orientation. The orientation must include, at a minimum, the following topics:

· The care provider’s zero tolerance policy towards sexual abuse and sexual harassment;

· The child’s right to be free from sexual abuse or sexual harassment.

· The child’s right to be free from retaliation for reporting sexual abuse or sexual harassment.

· The child’s rights and responsibilities related to sexual abuse and sexual harassment.

· Definitions, explanations, and examples: child on child sexual abuse, adult on child sexual abuse, coercive sexual activity, inappropriate sexual behavior, appropriate and inappropriate relationships, and sexual harassment;

· How to report sexual abuse and sexual harassment, including:

· Reporting to any care provider staff member, volunteer, or Contractor either verbally, in writing, or via a grievance.

· Reporting to ORR by telling an ORR FFS or calling the ORR Hotline; or informing an outside community service provider via telephone or in writing.

· Reporting to consular officials via telephone or in writing.

· The child’s right to receive treatment, services, and counseling if the child has been sexually abused or harassed and what those services include; and

· Boundaries and respecting one another.

In accordance with ORR UC Policy Guide Section 4.2.2 Care Provider Requirements, located at Appendix 1, the orientation must be provided by properly trained care provider staff in an age and culturally appropriate manner and in a language that the child understands. The orientation must be separate from any immigration-related orientation that a child receives. The care provider must document the completion of the orientation and any refresher orientations in the child’s case file.

As part of the orientation, the Contractor provides the Garza Notice and the child-friendly Garza Notice Infographic to all non-tender age girls verbally and in writing, as well as the ORR Pamphlet (What You Need to Know About Sexual Abuse and Harassment). The Garza Notice and the child-friendly Garza Notice Infographic must be reviewed on a case-by-case basis with tender age children who have reached sexual maturity or who have reported risk factors for sexual abuse, as well as with children who were assigned female at birth but who do not identify as a female (e.g., UC who identify as a boy or non-binary). Care must be taken to use trauma-informed, age-appropriate language that is sensitive to the child’s developmental stage and individual needs.

As part of the orientation, the Contractor must also provide UC a tour of the facility and note emergency evacuation routes and exits. The orientation shall include the following information: an explanation of the nature of the UC’s custody in ORR; the care provider’s rules, responsibilities, and procedures; the UC’s rights and responsibilities, including general legal-related information and the right to request health care; the care provider’s behavior management policies; the care provider’s grievance policies and procedures; emergency and evacuation procedures; and other policies and procedures to help the child adjust to the new setting. The tour shall also include distribution of PSA pamphlets and presentation of PSA Posters with UC Sexual Abuse hotline and other reporting numbers, as well as the pre-programmed phones for kids to report sexual abuse and harassment.

2.3.3 Medical Services:

The Contractor shall comply with the following sections of the ORR UC Policy Guide, Children Entering the United States Unaccompanied (See PWS Appendix 1):

ORR UC Policy Guide 3.4 Health Care Services ORR UC Policy Guide 3.4.2 Initial Medical Examination, ORR UC Policy Guide 3.4.3 Requests for Health Care Services ORR UC Policy Guide 3.4.4 Medication Administration and Management ORR UC Policy Guide 3.4.5 Responding to Medical Emergencies ORR UC Policy Guide 3.4.6 Management of Communicable Diseases ORR UC Policy Guide 3.4.7 Maintaining Health Care Records and Confidentiality ORR UC Policy Guide 3.4.8 Medical Clearance Prior to Release or Transfer

As part of this contract terms and conditions, ORR requires the contractor to follow and comply with ORR UC Policy Guide Section 3.4 Health Care Services at PWS Appendix 1 for the entire ICF capacity.

All children transferred into an ICF from other ORR care facilities must have a completed Medical Checklist for Influx Transfers (See Appendix 1 for Checklist).

The Contractor will speak to each child during admission about whether they have any health conditions (disabilities, allergies, diseases, mental and behavioral health issues, etc.) and whether those health conditions require medication or other services during the child’s initial entry into care. This medical and medication information should be collected within 2 hours of admission to a care provider and within 4 hours of admission into an ICF.

Attempts to reach the child’s parent or other family should take place immediately, and not later than the first 24 hours of the child’s arrival to the care provider, or within 24 hours of learning or discovering the child’s parent (or family’s) contact information.

When contacting the child’s parent or legal guardian regarding the child’s placement and potential sponsor options, and when contacting potential sponsors, care providers are instructed to ask whether the child has any health conditions and whether those health conditions require medication or other services.

Any health-related information learned from the child, parent, a child’s potential sponsor, or others during the family reunification process (including verbally or in writing from the Family Reunification Application or other document, email, or message) shall be elevated to ORR’s Division of Health for Unaccompanied Children (DHUC) following the procedures outlined for routine medical and dental care and follow up care for non-emergency medical services (see UC MAP Section 3.4.2 Initial Medical and Dental Examinations and Follow-up Care and ORR UC Policy Guide Section 3.4.3 Requests for Healthcare Services, including Serious Medical Services Requiring Heightened ORR Involvement) requiring notices to the FFS and DHUC; requests for serious medical services (see UC MAP Section 3.4.3 Requests for Healthcare Services, including Serious Medical Services Requiring Heightened ORR Involvement, including Serious Medical Services Requiring (SMR) Heightened ORR Involvement) - instructing care providers to contact ORR DHUC within 48 hours of a SMR; and, medical emergencies (see ORR UC Policy Guide and UC MAP Section 3.4.5 Responding to Medical Emergencies, ORR UC Policy Guide and UC MAP Section 5.8.1 Emergency Incidents) requiring submission of an Emergency Significant Incident Report (SIR) within 4 hours of a reportable event. The Contractor shall also complete the medical complaint form for additional medical services required, following DHUC guidance on the UC Portal. All references are at Appendix 1.

The Contractor shall provide appropriate, confidential public health and healthcare services onsite to include routine medical and…