Attachment 1 PRLS MA IDIQ PWS.docx

PERFORMANCE WORK STATEMENT (PWS)

Post Release Legal Services (PRLS)

Multiple-Award Indefinite Delivery Indefinite Quantity (MA-IDIQ Contract)

June 18, 2024

Part 1

GENERAL INFORMATION

1. General

This is a non-personal services MA-IDIQ contract under which the personnel rendering the services 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.

All attorneys and accredited representatives rendering services under this contract shall be trained in immigration law. In addition, all staff working with children (including attorneys and accredited representatives) under this contract shall be trained in cultural responsiveness, child-friendly and trauma-informed service provision, and on detecting, preventing, and responding to abuse, neglect, and trafficking.

Supervision of Contractor Personnel

The Government will not directly or indirectly supervise or direct Contractor employees. If the Contractor accepts the direction of any Government employee other than the CO/COR, it will not be considered contractually binding. The COR will only provide the Contractor with technical direction in accordance with the terms of the contract. Any action(s) taken by the Contractor in response to any direction given by any person acting on behalf of the Administration for Children and Families (ACF) or any Government official other than the CO or authorized COR will be at the Contractor’s risk.

1.1 Background:

The Office of Refugee Resettlement (ORR), within ACF, provides new populations with the opportunity to achieve their full potential in the United States. ORR programs provide people in need with critical resources to assist them in becoming integrated members of American society.

ORR’s Unaccompanied Children Program (ORR/UCP) provides temporary shelter care and child welfare-related services to unaccompanied children (UC) referred from other Federal entities. Unaccompanied children are housed in a network of shelters operated by state-licensed entities and other ORR-funded influx and care providers. Residential services begin once ORR admits an unaccompanied child for placement and primarily end when ORR releases the unaccompanied child to a suitable Sponsor, when the unaccompanied child turns 18 years of age, or when disposition of the unaccompanied child’s immigration case results in the unaccompanied child receiving legal status, or if the unaccompanied child departs from the United States (including through voluntary departure).

The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA of 2008), requires, “[T]he Secretary of Health and Human Services shall ensure, to the greatest extent practicable, … that all unaccompanied alien children who are or have been in the custody of the Secretary or the Secretary of Homeland Security … have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. To the greatest extent practicable, the Secretary of Health and Human Services shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such children without charge.” (TVPRA of 2008), 8 U.S.C. §1232(c)(5). This PRLS initiative is focused on expanding legal services for unaccompanied children who have been released from ORR care and custody and are now living with their Sponsors or otherwise in the United States.

Direct representation shall be provided by attorneys in good standing with the bar and licensed to practice in the jurisdiction/court in which they are representing the child (for example, immigration court, state court, or before the United States Citizenship and Immigration Services (USCIS)). Contractor shall ensure attorneys comply with the legal ethics rules of the state, district, and/or territory in which they are practicing. Representation before the Board of Immigration Appeals (BIA), the immigration court, and/or Department of Homeland Security (DHS) may also be provided by accredited representatives, as defined by the Department of Justice[footnoteRef:2]. If providing representation before the Executive Office for Immigration Review (EOIR), the Contractor is required to comply with the rules of the court, specifically, the EOIR Immigration Court Practice Manual . If providing representation before the Board of Immigration Appeals, the Contractor is required to comply with the rules of the board, specifically the BIA Practice Manual. The Contractor shall also comply with applicable ORR policies, which are referenced below (Sections 1.12.1 Background Investigations and 5.2 Tasks). [2: A fully accredited representative is a practitioner who is not an attorney and is approved by the Assistant Director for Policy or the Assistant Director’s designee to make appearances before the Board, the immigration courts, and/or DHS. A partially accredited representative is a practitioner authorized to appear solely before DHS. An accredited representative must, among other requirements, have the character and fitness to represent respondents and be employed by, or be a volunteer for, a non-profit religious, charitable, social service, or similar organization that has been recognized by the Assistant Director for Policy or the Assistant Director’s designee to represent respondents. 8 C.F.R. §§ 1292.1(a)(4), 1292.11(a), 1292.12(a)-(e). Accreditation of an individual is valid for a period of up to three years, and recognition of an organization is valid for a period of up to six years. 8 C.F.R. §§ 1292.11(f), 1292.12(d). Both may be renewed. 8 C.F.R. § 1292.16.]

1.2 Scope:

Under the PRLS MA-IDIQ, the contractor shall provide analytical and professional services to establish increased capacity for legal services for unaccompanied children released from ORR care and custody, who are not otherwise receiving immigration legal services. The Homeland Security Act of 2002, Section 462(g)(2), defines an unaccompanied child as a child who: (1) has no lawful immigration status in the United States; (2) has not attained 18 years of age; and (3) with respect to whom (i) there is no parent or legal guardian in the United States, or (ii) no parent or legal guardian in the United States is available to provide care and physical custody. Contractor support will assist ORR in increasing the number of unaccompanied children who will have increased access to legal representation and other legal services, as part of ORR’s goal of ensuring all unaccompanied children have access to immigration legal services.

Unaccompanied children eligible for services under this contract reside in all 50 states and the District of Columbia. As such, Contractors shall provide services nationwide. The Government may prioritize specific locations and/or categories of cases through individual task orders, and nationwide services may be required.

Legal services include representation before EOIR and assistance completing petitions for affirmative immigration relief to USCIS and related petitions before state courts, Know Your Rights presentations, and self-help workshops. To facilitate service delivery, the Contractor shall use Contract-funded attorneys, pro bono attorneys, and other legal services staff to serve unaccompanied children released from ORR custody. Contractor shall offer representation to unaccompanied children based on a universal representation model, meaning that Contractor shall not deny representation based on the perceived likelihood of success in the unaccompanied children’s legal case.

1.3 Objectives:

The objective of this MA-IDIQ is to provide legal services in support of ORR’s mission. Performance requirements will be specified in each task order (TO) placed under the MA-IDIQ.

1.4 General Information:

1.4.1 Contractor Quality Control Plan (QCP)

The Contractor shall develop, implement, and maintain a QCP to ensure services are performed in accordance with (IAW) this MA-IDIQ PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP shall ensure that the work provided complies with the requirements of the contract and issued TOs.

The Contractor’s QCP shall be submitted to the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) appointed on the task order for review within ten (10) business days of task order award.

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) business days. If the Government has provided comments, the Contractor shall then have three (3) business days to submit a final QCP that addresses the Government’s comments. Once the CO provides acceptance of the final QCP in writing, any proposed changes to the accepted QCP are required to be resubmitted through the task order (TO) COR for the CO’s acceptance no later than thirty (30) business days prior to the anticipated change and before implementation by the Contractor. The requirements noted above will apply for review and acceptance/rejection for proposed changes. At a minimum, the QCP must include the following to be acceptable:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team.

b. The Contractor’s plan to monitor work to ensure that all deliverables meet the requirements of the specific deliverable (etc. timelines, deadlines, and goals).

c. The Contractor’s plan to monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses.

d. The Contractor plan to identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future.

e. The Contractor’s plan to file and save all Quality Control related documents for the life of the contract plus 5 years following contract completion and closeout.

The Contractor shall inform the task order COR of issues or potential issues that might affect the performance within two (2) working hours of identifying those issues. Verbal reports shall be followed up by written reports within three (3) business days.

1.4.2 Government’s Quality Assurance Surveillance Plan (QASP)

In addition to the Contractor’s Quality Control Plan, the Government will monitor and evaluate the Contractor’s performance IAW the Government’s Quality Assurance Surveillance Plan (QASP). The QASP is used to make sure systematic quality assurance methods are used in the administration of the Performance Based Service Contract (PBSC) standards included in this PWS and contract. The intent is to ensure that the Contractor performs IAW the performance metrics and the Government receives the quality of services required by the contract. The QASP details how the performance standards identified in the PWS will be measured, who will perform the measurement, the frequency of surveillance, and the acceptable defect rate(s), etc. The QASP may be updated from time to time by the Government. QASPs will be issued at the task order level.

1.4.3 Recognized Holidays

The following provides information on recognized holidays for the purpose of the PWS. If the deadline for submittal of any documentation (e.g., deliverables, submittals, etc.) falls on a holiday, the business day prior to the holiday is the deadline for submittal.

1.4.3.1 U.S. Holidays and Other Government Closures

Work shall not be performed on U.S. holidays occurring during the normal workweek unless otherwise directed by the CO or directed on the IDIQ Task Order PWS. When a U.S holiday occurs on a Saturday or a Sunday, the holiday may be observed on the preceding Friday or following Monday, respectively.

In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Presidential Inauguration Day

• Any other day designated by the President’s Proclamation

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the issued task order. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

The Contractor shall provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall follow instructions issued by the CO or COR.

If Government personnel are unavailable due to furlough or any other reason, the Contractor must contact the CO or the COR to receive direction. It is the Government's decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

· Contractor personnel who can continue contract performance (either on-site or at a site other than their normal workstation) must continue to work and the contractor will be compensated IAW the terms of the issued task order.

· Contractor personnel who are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort.

US Federal Holidays

1.5 Contractor Work Plan:

RESERVED – Information will be provided in each task order, if required/applicable.

1.6 Place of Performance:

PRLS are to be conducted in all 50 states and the District of Columbia. The work to be performed under this contract shall be performed at immigration courts, asylum offices, state courts, the Contractor’s offices, and other locations, as necessary.

The contractor may allow its employees to telecommute IAW the contractor’s policies if the work and required level of performance can be completed successfully IAW the contract requirements. The Contractor shall coordinate employee telecommuting in advance with the COR.

1.7 Security Requirements

1.7.1 Baseline Security Requirements Applicability

The requirements of section 1.7 apply to this MA-IDIQ or any TO or portion thereof.

1.7.2 Safeguarding Information and Information Systems

IAW the Federal Information Processing Standards Publication (FIPS) 199, Standards for Security Categorization of Federal Information and Information Systems, the Contractor (and any subcontractor) shall:

Protect government information and information systems in order to ensure:

a. Confidentiality, which means preserving authorized restrictions on access and disclosure, based on the security terms found in this MA-IDIQ, including means for protecting personal privacy and proprietary information.

b. Integrity, which means guarding against improper information modification or destruction, and ensuring information non-repudiation and authenticity; and

c. Availability, which means ensuring timely and reliable access to and use of information.

Provide security for any Contractor systems, and information contained therein, connected to an HHS network, or operated by the Contractor on behalf of ORR regardless of location.

Adopt and implement the policies, procedures, controls, and standards required by the HHS Information Security Program to ensure the confidentiality, integrity, and availability of government information and government information systems for which the Contractor is responsible under this MA-IDIQ or to which the Contractor may otherwise have access under this MA-IDIQ.

1.7.3 Information Security Categorization

IAW FIPS 199 and National Institute of Standards and Technology (NIST) Special Publication (SP) 800-60, Volume II: Appendices to Guide for Mapping Types of Information and Information Systems to Security Categories, Appendix C, and based on information provided by the Information Systems to Security Categories, and based on information provided by the Information System Security Officer (ISSO), Chief Information Security Officer (CISO), or other security representative, the risk level for each Security Objective and the Overall Risk Level, which is the highest watermark of the three factors (Confidentiality, Integrity, and Availability) of the information or information system. The Contractor shall work with the ACF security team to categorize information or information systems. The categorization can change at any time throughout the lifecycle of the system. The contractor shall ensure proper controls are implemented based on the categorization.

1.7.4 Controlled Unclassified Information (CUI)

CUI is defined as “information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information.” The Contractor (and any subcontractor) must comply with Executive Order 13556, Controlled Unclassified Information, (implemented at 3 CFR, part 2002) when handling CUI. 32 C.F.R. 2002.4(aa) As implemented the term “handling” refers to “…any use of CUI, including at a minimum marking, safeguarding, transporting, disseminating, re-using, and disposing of the information.” 81 Fed. Reg. 63323. All sensitive information that has been identified as CUI by a regulation or statute, handled by this MA-IDIQ, shall be:

a. marked appropriately.

b. disclosed to authorized personnel on a Need-To-Know basis.

c. protected IAW NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations applicable baseline if handled by a contractor system operated on behalf of the agency, or NIST SP 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations if handled by internal Contractor system; and

d. returned to ORR control, destroyed when no longer needed, or held until otherwise directed. Destruction of information and/or data shall be accomplished IAW NIST SP 800- 88 Revision 1, Guidelines for Media Sanitization.

1.7.5 Protection of Sensitive Information

For security purposes, information is or may be sensitive because it requires security to protect its confidentiality, integrity, and/or availability. The Contractor (and any subcontractor) shall protect all government information that is or may be sensitive IAW OMB Memorandum M-06-16, Protection of Sensitive Agency Information by securing it with a FIPS 140-2 validated solution.

1.7.6 Confidentiality and Nondisclosure of Information

Any information provided to the contractor (and any subcontractor) by ACF or collected by the contractor on behalf of ACF shall be used only for the purpose of carrying out the provisions of this MA-IDIQ contract and shall not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the MA-IDIQ contract. The Contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its employees and subcontractors shall be under the supervision of the Contractor. Each Contractor employee or any of its subcontractors to whom any ACF records may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein. The confidentiality, integrity, and availability of such information shall be protected IAW HHS and ACF policies. Unauthorized disclosure of information will be subject to the HHS/ACF sanction policies and/or governed by the following laws and regulations:

a. 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records);

b. 18 U.S.C. 1905 (Criminal Code: Disclosure of Confidential Information); and

c. 44 U.S.C. Chapter 35, Subchapter I (Paperwork Reduction Act).

Each Contractor (and any subcontractor) employee having access to non-public government information under this agreement shall complete the ACF non-disclosure agreement.

1.7.7 Standard for Encryption

The Contractor (and any subcontractor) shall:

a. Comply with the HHS Standard for Encryption of Computing Devices and Information to prevent unauthorized access to government information.

b. Encrypt all sensitive federal data and information (i.e., PII, protected health information [PHI], proprietary information, etc.) in transit (i.e., email, network connections, etc.) and at rest (i.e., servers, storage devices, mobile devices, backup media, etc.) with FIPS 140-2 validated encryption solution.

c. Secure all devices (i.e.: desktops, laptops, mobile devices, etc.) that store and process government information and ensure devices meet HHS and ACF-specific encryption standard requirements. Maintain a complete and current inventory of all laptop computers, desktop computers, and other mobile devices and portable media that store or process sensitive government information (including PII).

d. Verify that the encryption solutions in use have been validated under the Cryptographic Module Validation Program to confirm compliance with FIPS 140-2. The Contractor shall provide a written copy of the validation documentation to the COR prior to implementation of the solution.

e. Use the Key Management system on the HHS personal identification verification (PIV) card or establish and use a key recovery mechanism to ensure the ability for authorized personnel to encrypt/decrypt information and recover encryption keys. Encryption keys shall be provided to the COR upon request and at the conclusion of the MA-IDIQ.

1.7.8 Privacy Threshold Analysis (PTA)/Privacy Impact Assessment (PIA)

The Contractor will provide a PTA using the HHS Privacy SOP for the information system and/or information handled under this MA-IDIQ to the COR who will determine whether a full PIA needs to be completed.

a. If the results of the PTA show that a full PIA is needed, the Contractor shall assist the COR with completing a PIA for the system or information within 30 calendar days after completion of the PTA and IAW HHS policy and M-03-22, OMB Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002.

b. The COR shall review the PIA at least every three years throughout the system development lifecycle (SDLC)/information lifecycle, or when determined by the agency that a review is required based on a major change to the system, or when new types of PII are collected that introduces new or increased privacy risks, whichever comes first.

1.8 Training

1.8.1 Mandatory Training for All Contractor Staff

All Contractor (and any subcontractor) employees assigned to work on this MA-IDIQ contract shall complete the applicable HHS/ACF Contractor Information Security Awareness, Privacy, and Records Management training as identified by the COR. Thereafter, the employees shall complete HHS/ACF Information Security Awareness, Privacy, and Records Management training at least annually, during the life of this MA-IDIQ.

1.8.2 Role-based Training

For all Contractor (and any subcontractor) employees assigned to work on this MA-IDIQ contract with significant security responsibilities (as determined by the COR), the training will be provided by the COR. If the training is provided by the contractor, that training must be provided annually, and must be acceptable by the COR.

1.8.3 Training Records

The Contractor (and any subcontractor) shall maintain training records for all its employees.

1.8.4 Rules of Behavior

The Contractor (and any subcontractor) shall ensure that all employees performing on the MA-IDIQ contract comply with the HHS Information Technology General Rules of Behavior, as provided by the COR.

1.8.5 Incident Response

FISMA defines an incident as an occurrence that (1) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (2) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. The Contractor (and any subcontractor) shall comply with ACF’s Incident Response Policy dated July 10, 2018, including any subsequent updates. In the event of a suspected or confirmed incident or breach, the Contractor (and any subcontractor) shall:

1.8.5.1 Protect all sensitive information, including any PII created, stored, or transmitted in the performance of this MA-IDIQ contract to avoid a secondary sensitive information incident.

1.8.5.2 Notify affected individuals only as instructed by the CO or designated representative.

1.8.4.3 Report all suspected and confirmed information security and privacy incidents and breaches to the ACF Incident Response Team (IRT), COR, CO, ACF Standard Operating Procedure (or his or her designee), and other stakeholders, including incidents involving PII, in any medium or form, including paper, oral, or electronic as defined in ACF’s Incident Response Policy.

1.8.5.4 Provide full access and cooperate on all activities as determined by the Government to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents. This may involve disconnecting the system processing, storing, or transmitting the sensitive information from the Internet or other networks or applying additional security controls. This may also involve physical access to contractor facilities during a breach/incident investigation.

1.8.6 Position Sensitivity Designations

RESERVED - Information will be provided on each TO, if required/applicable.

1.8.7 Homeland Security Presidential Directive (HSPD)-12

The Contractor (and any subcontractor) and its employees shall comply with computing and security standards including:

· Federal Information Security Management Act (FISMA) Act of 2002 as part of the E-Government Act of 2002;

· Homeland Security Presidential Directive (HSPD)-12: Policy for a Common Identification Standard for Federal Employees and Contractors;

· Office of Management and Budget (OMB) Memorandum M-05-24;

· Federal Information Processing Standards Publication (FIPS PUB) Number 201;

· FAR Subpart 4.13;

· FAR Clause 52.204-9 and

· HHS HSPD-12 policy

The Contractor shall refer to the HHS-OCIO Policy for Information Systems Security and Privacy, dated July 30, 2014, and any amendments. The Contractor shall become familiar with the HHS Departmental Information Security Policies, which may be found at https://www.hhs.gov/about/agencies/asa/ocio/cybersecurity/index.html. The HHS Cybersecurity Program develops policies, procedures, and guidance to serve as a foundation for the HHS information security program. These documents implement relevant Federal laws, regulations, standards, and guidelines that provide a basis for the information security program at the Department. The Contractor must become familiar with HHS Cybersecurity Program guidelines as presented at https://www.hhs.gov/about/agencies/asa/ocio/cybersecurity/information-security-privacy-program/index.html.

1.8.8 Security Requirements for Government-Owned/Contractor-Operated (GOCO) and Contractor-Owned/Contractor-Operated (COCO) Resources

The Contractor (and any subcontractor) shall comply with applicable federal laws that include, at a minimum, the HHS Information Security and Privacy Policy (IS2P); Federal Information Security Modernization Act (FISMA) of 2014, (44 U.S.C. 101); National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53, Security and Privacy Controls for Federal Information Systems and Organizations; Managing Information as a Strategic Resource; and other applicable federal laws, regulations, NIST guidance, and Departmental policies.

1.8.9 Servers, Desktops, Laptops, and Other Computing Devices Required for Use by the Contractor

The Contractor (and any subcontractor) shall ensure that all IT equipment (e.g., laptops, desktops, servers, routers, mobile devices, peripheral devices, etc.) used to process information on behalf of ACF are deployed and operated IAW approved security configurations and meet the following minimum requirements:

a. Encrypt equipment and sensitive information stored and/or processed by such equipment IAW ACF encryption standards;

b. Ensure end user devices do not store or process data outside of an IT system;

c. Maintain the latest operating system patch release and anti-virus software definitions within 14 days for critical, 30 days for high, 60 days for medium, 90 days for low from the release date of patch;

d. Validate the configuration settings after hardware and software installation, operation, maintenance, update, and patching and ensure changes in hardware and software do not alter the approved configuration settings; and

e. Automate configuration settings and configuration management IAW HHS security policies, including at a minimum:

1.9 Records Management Obligations

1.9.1 Applicability

All Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Part 2 of this PWS regardless of the medium in which the record exists.

1.9.2 Requirements

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including at a minimum the Federal Records Act (44 U.S.C. chapters. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion. Electronic information system means an information system that contains and provides access to computerized Federal records and other information. (36 CFR 1236.2)

The following types of records management controls are needed to ensure that Federal records in electronic information systems can provide adequate and proper documentation of agency business for as long as the information is needed. Agencies must incorporate controls into the electronic information system or integrate them into a recordkeeping system that is external to the information system itself. (36 CFR 1236.10)

1.9.3 Disposition

IAW 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

1.9.4 Maintenance of Records

IAW 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the MA-IDIQ and/or delivered to, or under the legal control of the Government and must be managed IAW Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

1.9.4.1 The Contractor shall not create or maintain any records containing any non-public HHS or ACF information that are not specifically tied to or authorized by the MA-IDIQ contract

1.9.4.2 The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

1.9.5 Alienation or Unauthorized Destruction of Records

ACF and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of ACF or destroyed except for IAW the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report it to the ACF COR immediately. The agency must report promptly to NARA IAW 36 CFR 1230.

1.9.6 Notification of Inadvertent or Unauthorized Disclosure of Information

The Contractor shall immediately notify the appropriate CO upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the MA-IDIQ. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to ACF control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the CO or address prescribed in the MA-IDIQ. Destruction of records is EXPRESSLY PROHIBITED unless authorized IAW Paragraph 1.9.5.

1.9.7 Consent to Engage in Contractual Relationship with Disclosure of Information

The Contractor shall obtain the CO’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this MA-IDIQ contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this MA-IDIQ contract. The Contractor (and any sub-contractor) is required to abide by Government and HHS and ACF guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

1.9.8 Post Award Conference

The Contractor shall attend any post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5. The CO, task order COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the CO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. Either party may request an ad hoc meeting to discuss any situation that requires the attention of parties where it would not be appropriate to wait until the next scheduled periodic meeting.

1.10 Contracting Officer’s Representative (COR)

Refer to Part 2 of this PWS for the definition of a COR. As determined by the CO at the TO level, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the CO, herein referred to as the TO COR. No COR will be appointed to cover the entire MA-IDIQ contract. All CORs will be appointed on a per TO basis. The designation letter states the responsibilities and limitations of the TO COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The TO COR is not authorized to change any of the terms and conditions of the resulting TO. TO COR monitors all technical aspects of the contract and assists in contract administration. The TO COR is not authorized to obligate the Government. If the work is not written in the contract, the TO COR is not authorized to request new work. The TO COR is authorized to perform the following functions:

· Assure that the Contractor performs the technical requirements of the contract,

· Perform inspections necessary in connection with contract performance,

· Maintain written and oral communications with the Contractor concerning technical aspects of the contract,

· Issue written interpretations of technical requirements, including Government drawings, designs, specifications,

· Monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies,

· Coordinate availability of Government property, and

· Coordinate site entry of Contractor personnel.

1.11 Key Personnel

RESERVED – Information will be provided in each TO, if required/applicable.

1.11.1 Background Investigations

Contractors must ensure background investigations are completed according to ORR’s minimum standards, under UC Program Policy Guide Section 4.3.3.1 ORR Required Background Investigations. The applicable sections of the UC Program Policy Guide Section 4.3.3.1 are as follows:

Contractors must ensure that staff and volunteers who have contact with children have, at a minimum:

· An FBI fingerprint check of national and state criminal history repositories;

· A child protective services check with the staff’s State(s) of U.S. residence for the last five years;

· Sex Offender Registry Check conducted through the U.S. Department of Justice National Sex Offender Public Website; and

· Background investigation updates at a minimum of every five years of the staff/contractor/volunteer’s start date or last background investigation update. Contractors may require the updated background investigation more frequently as necessary.

Contractors must notify the COR in writing if they are unable to complete all the required background investigation components.

The following individuals must complete ORR required background checks before they are hired and gain access to children:

· All executive, program management, and administrative staff with direct access to children;

· All the Contractor’s temporary, part-time, or full-time employees and contractors, sub-contractors with direct access to children; and

· Anyone else working under the direction of the contractor who has unsupervised, direct access to children, including volunteers.

Attorneys of record who are not funded by ORR under contract do not need to complete ORR required background checks, but the Contractor must have policies to confirm the identity and the status of attorneys of record before providing them referrals to children’s cases.

ORR is the ultimate authority to determine the application of background check and suitability determination requirements. The Contractor agrees to be bound by changes to the applicable section/requirements of the UC Program Policy Guide.

1.12 Identification of Contractor Employees and Contractor-Produced Products

IAW FAR 37.114 “Special Acquisition Requirements,” all Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves as contractors to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall also ensure that all documents or reports produced by Contractors to be delivered to the Government are marked as Contractor products.

1.13 Contractor Travel

The Contractor may be required to travel greater than 50 miles during performance of a TO. Specific travel requirements will be defined at the TO level. The Contractor may be authorized travel expenses at rates no higher than the substantive provisions of the Federal Travel Regulation (FTR).

Travel within the local area or place of performance to attend meetings, hearings, clinics, seminars, or perform work shall be considered a cost of doing business and shall not be separately reimbursed as a travel expense. Local area travel is defined as within a 50-mile radius of the primary place(s) of performance.

The Contractor shall submit a Travel plan for review and approval for travel farther than 50 miles. Travel plans must be submitted to the COR on a quarterly basis, at least 30 days before the quarter begins.

1.14 Other Direct Costs (ODCs):

RESERVED - Information will be provided on each TO, if required/applicable.

Part 2

DEFINITIONS & ACRONYMS

2. Definitions & Acronyms

2.1 Definitions:

Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer (CO) – means a person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – An employee of the U.S. Government appointed by the CO to administer the contract. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contractor-acquired property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

Federal Record – as defined in 44 U.S.C. § 3301, means all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. Federal records include: ACF records, applies to records created, received, or maintained by Contractors pursuant to their awarded MA-IDIQ contract and may include documentation associated with deliverables. A federal record does not include personal materials or materials protected by attorney-client privilege.

Government-furnished property - means property furnished to the contractor the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government property - means all property owned or leased by the Government. Government property includes both Government-furnished property and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator - means an authorized representative of the CO appointed IAW agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to a Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Post-Release Services (PRS) — Post-release services (PRS) are synonymous with follow-up services. They are services provided to an unaccompanied child based on the child’s needs after he/she leaves ORR care. Post-release service providers coordinate referrals to supportive services in the community where the unaccompanied child resides and provide other child welfare services, as needed. Post-release services can occur until the minor attains 18 years of age. Post-release services can occur in combination with a home study or independently. Participation in Post Release Services is a voluntary choice by the Sponsor and unaccompanied child.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance. The oversight provided for in the MA-IDIQ contract and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the Contractor Performance Assessment Reporting System (CPARS).

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Sponsor – A sponsor is an individual (in the majority of cases a parent or other relative) or entity to which ORR releases an unaccompanied child out of Federal custody.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on “what” is to be accomplished; however, they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to a Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

Workday - The number of hours per day the Contractor provides services IAW the contract.

Work Week - Monday through Friday, unless otherwise specified.

Part 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

3.1 Facilities

RESERVED – Information will be provided in each task order, if required/applicable.

3.2 Equipment

RESERVED – Information will be provided in each task order, if required/applicable

3.3 Materials

RESERVED – Information will be provided in each task order, if required/applicable.

3.4 Training

RESERVED – Information will be provided in each task order, if required/applicable.

Part 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General

Unless otherwise specified in issued task orders, the Contractor shall furnish all supplies, equipment, facilities, training, and services required to perform work under the TOs issued against this MA-IDIQ contract.

4.2 Materials and Equipment

The Contractor shall furnish all materials and equipment necessary to meet the requirements under this PWS. Additional and/or more specific requirements may be provided at the TO level.

Part 5

SPECIFIC TASKS COVERED WITHIN THE MA-IDIQ CONTRACT

5. IDIQ-Level Services

Under the PRLS MA-IDIQ, the…