Attachment 2 - Secure Care (150 Beds) HSF (100 Beds) PWS 10.9.26.docx

PERFORMANCE WORK STATEMENT

for

Secure Care and Heightened Supervision Beds Unaccompanied Alien Children

Department of Health and Human Services (DHHS) Office of Refugee Resettlement (ORR) Unaccompanied Alien Children Bureau (UACB)

10/09/20226

1.0 General

1.1 Introduction

The Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR) requires contractor services to provide secure care and heightened supervision facility (HSF) care for unaccompanied alien children (UAC) in the care and custody of ORR who meet the respective criteria for each level of placement. The requirement includes the provision of contractor-provided facilities and the comprehensive services described in this performance work statement (PWS).

UAC apprehended by the Department of Homeland Security (DHS) immigration officials are transferred to the care and custody of ORR. ORR promptly places a UAC in the least restrictive residential setting that is in the best interests of the child, taking into consideration danger to self, danger to the community, and risk of flight.

Residential care services begin once ORR accepts a UAC for placement from United States (U.S.) Customs and Border Protection and ends when the child is released from ORR custody, turns 18 years of age, or the UAC’s immigration case results in a final disposition of removal from the U.S. ORR takes into consideration the unique nature of each child’s situation and incorporates child welfare principles when making placement, clinical, case management, and release decisions that are in the best interest of the child.

A UAC is defined at 6 U.S.C. §279(g)(2) as a child who (A) has no lawful immigration status in the United States; (B) has not attained 18 years of age; and (C) with respect to whom: 1) there is no parent or legal guardian in the United States; or 2) no parent or legal guardian in the United States available to provide care and physical custody. Following apprehension by a federal agency, UAC are transferred to the care and custody of the ORR and typically placed into removal proceedings and evaluated for release to a sponsor. Consistent with Federal law, ORR promptly places UAC in the least restrictive setting that is in the best interest of the child and meets the child’s unique and individual needs. UAC arrive from diverse backgrounds and are of all ages with unique and individual needs. It is common for UAC to have experienced trauma in their country of origin or during their journey to the United States. While determining the least restrictive appropriate level of care for UAC, ORR takes into consideration other factors including whether a child has a criminal history; whether they are a danger to themselves, other UAC, or the community; and whether the UAC is a flight risk. Taking these factors into consideration, some UAC meet criteria for the most restrictive level of care, secure care placement.

This PWS describes the specific tasks required to support the ORR efforts to ensure UAC that are transferred to ORR care and custody are placed in the least restrictive setting that is in the best interest of the UAC and meets the UAC’s unique and individual needs at the appropriate level of safeguarding. ORR has two levels of care for UAC who are assessed to be a danger to themselves or others, have a criminal history, or require close supervision: (1) secure care and (2) HSF care (also known as staff secure). These tasks are necessary to help ensure UAC receive appropriate level of care intended to ensure the safeguarding of all UAC from harm while in ORR custody.

1.2 Objective

Operate state licensed, nationally accredited HSF and secure care programs and ensure timely admissions into humane, secure environments consistent with 45 CFR Part 410. Within 120 calendar days of award, provide up to 100 HSF bed and 150 Secure bed care and capacity for UAC ages 13–17; in full compliance with all applicable ORR regulations, federal, state, and local requirements.

1.3 Scope of Work

The Contractor shall provide all appropriately cleared and required personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide residential HSF and secure care beds and comprehensive services for UAC accepted for placement by ORR as defined in this except for those items specified as Government-provided services.

The Contractor shall:

1) Establish Specialized Residential Care Capacity – The contractor shall operate 100 HSF and 150 secure care beds for UAC between the ages of 13 – 17 and prevent inappropriate denial of admissions for UAC meeting placement criteria.

A. HSF maintain stricter security measures than non-restrictive care providers (e.g., shelters), such as intensive staff supervision, in order to provide supports, manage problem behavior, and prevent children from running away. ORR only places UAC in HSF care if they require close supervision, but do not require placement in a secure facility. Placement in HSF care is based on clear and convincing evidence the child:

1. Has been unacceptably disruptive to normal functioning of a shelter care provider facility and transfer is necessary to ensure welfare of the child or others;

2. Has displayed a pattern of severity of behavior, prior to entering ORR custody or while in ORR care, that requires increased supervision by trained staff; and

3. Has non-violent criminal or delinquent history not warranting placement in a secure facility, but which evidences a behavioral concern that requires an increase in supervision above what would be provided in a non-restrictive facility.

B. Secure facilities are for children who require the strictest level of supervision. Secure facilities have a secure perimeter, major restraining construction inside the facility, and procedures typically associated with correctional facilities. Placement in secure care is based on clear and convincing evidence the child:

1. Poses a danger to self or others; or

2. Has been charged with or convicted of a criminal offense or is chargeable with such an offense.

2) Ensure safe, appropriate placement -- Deliver humane, secure residential care in the least restrictive setting appropriate. Employ qualified, trained, multilingual staff capable of managing complex behaviors and providing culturally appropriate care.

3) Provide comprehensive, trauma-informed services - Programs shall be fully staffed with qualified, cleared and trained personnel.

4) Maintain Regulatory Compliance - Federal regulations require that certain services be provided to UAC while they are in ORR custody. Facilitate timely transitions to less restrictive settings or safe release to ORR-vetted and approved sponsors.

1.4 Applicable Documents

LIST OF APPLICABLE REFERENCES

(Current editions as of date of award apply to all; including any modifications or superseding versions published for each applicable reference below.) The Contractor shall remain apprised of and strictly adhere to the most current versions of ORR policies, and all applicable local, state, and federal regulations; specifically, any and all subsequent amendments, updates, or successor legislation enacted during the term of contract performance.

(Links are often updated. If this link does not work, please contact CO for most up-to-date link to or copy of ORR UAC Bureau Policy Guide)

2.0 Requirements

2.1 General Requirements

2.1.1 The contractor facility and program must be state licensed in the respective state of services. Facilities operated in a state where licensing is not available must be able to demonstrate existing experience and capacity to successfully operate HSF and Secure Care programs equivalent to the state licensing standards in 45 C.F.R. 410.1302(a); and shall satisfactorily meet all applicable federal, state, and local regulations for provision of residential HSF and Secure Care for children, and applicable ORR regulations.

The Contractor shall provide HSF and Secure levels of care and ensure availability of beds by increment defined in Section 2.1.11. The Contractor shall maintain compliance with all governing legislation and policies for serving UAC in each respective level of care. The Contractor shall ensure HSF and Secure facility placement options are available for both male and female UAC in each increment. Exact number of males and females can fluctuate, but the Contractor shall be able to accommodate both within each increment (See PWS Section 4.0, Delivery of Deliverables and Performance Requirements Summary) The Contractor shall comply with all Federal laws, regulations and policies; all ORR policies and procedures; the Flores Settlement Agreement; the TVPRA; Section 462 of the Homeland Security Act; and all applicable references as shown in 1.4 Applicable Documents.

2.1.2 The HSF and Secure Care facilities must be located within the contiguous United States, at contractor location(s), including any contractor licensed site designated to provide physical custody and direct care via a partnership or sub-contract. Services include the provision of contractor-provided facilities, and physical custody and care of UAC referred to the contractor for admission. The provision of comprehensive services includes UAC assessment, healthcare services, education, nutrition, recreation, religious access, acculturation services, discharge planning, transfer recommendations to less-restrictive settings, and safe release recommendations to a vetted sponsor (required under relevant sections of 45 CFR part 410) and described in this PWS.

2.1.3 The Contractor shall provide the awarded and post-award directed bed increments for UAC ages 13-17 and shall maintain compliance with all governing legislation and policies for serving UAC in each respective level of care. Placement is at ORR’s discretion. (See PWS Section 4.0, Delivery of Deliverables and Performance Requirements Summary)

1) 100 HSF beds to be located within the contiguous United States and in proximity of the 150 secure beds, at existing contractor’s or contractor partner’s state licensed facilities. In states where licensing may not be available, the Contractor must meet and maintain all state licensing requirements for HSF level of care, governing statutes, and ORR UAC Bureau requirements, policies and field guidance. HSF care must deliver all required comprehensive services (health care to include medical, mental health, and dental, education, case management, counseling, recreation, nutrition, legal access, etc.) as described in the PWS.

2) 150 secure care beds to be located at existing contractor state-licensed facilities. In states where licensing may not be available, the Contractor must meet and maintain all state licensing requirements for secure care, governing statutes, and ORR UAC Bureau requirements, policies and field guidance. Secure care must deliver all required comprehensive services (health care to include medical, mental health, and dental, education, case management, counseling, recreation, nutrition, legal access, etc.) as described in the PWS.

2.1.4 The Contractor shall deliver humane, secure residential care in the least restrictive setting appropriate for UAC who require close supervision due to behavioral concerns, criminal history, or danger to self/others, in accordance with 45 CFR Part 410.

2.1.5 The Contractor shall use child welfare best practices that are not punitive in nature and in proportion to the behavior being addressed. (See 45 CFR 410.1304 as implemented in ORR UAC Bureau Policy Guide Sections 3.3.13, 3.3.14, 3.3.15, and 3.3.17 Behavior Management).

2.1.6 The Contractor is expected to cooperate with and abide by all requests made by Department of Homeland Security (data, permission to visit, requests for custody for law enforcement purposes) and the contractor shall notify USCIS/ICE and ORR of any arrest of a UAC. Note: health data can only be shared for very specific reasons, 1.) for public health purposes; and 2.) when a child arrives from DHS custody ill or requires emergency medical services shortly after arrival and ORR was not notified in advance. All requests for health information for admitted or discharged children must be submitted to ORR’s Division of Health. (See ORR UACB Program Guidance: Initial Medical Exam Requirements).

2.1.7 The Contractor shall provide services which respect and support the cultural identity of UAC to include cultural awareness in daily activities such as food menus, choice of clothing, and hygiene routines.

2.1.8 All required documents provided to UAC must be translated in the UAC’s preferred language, either written or verbally. However, the Contractor is not required to create their own translations of ORR-issued forms, templates, or handouts.

2.1.9 The Contractor must provide UAC in ORR custody with an array of services, including residential care and supervision, clothing, food, individual and group counseling, medical, healthcare, medical, and mental health care, case management, English Language Training (ELT), which includes English as a Second Language (ESL), English as a New Learner (ENL), and English Language Learners (ELL), recreation, vocational education, acculturation and access to religious services. UAC also have access to legal services. While the majority of services are expected to be available on site, the Contractor may make referrals to community-based providers when needed. The Contractor shall have multilingual staff which represent the language and cultures of UAC placed in their custody and care; minimally one (1) bilingual staff person per shift who can speak with UAC in their primary language. The provision of services must meet requirements described in 45 CFR §§ 410.1302, 410.1306, 410.1307, 410.1310, 410.1311, and implemented in ORR policy. (see UAC Policy Guide, Section 3).

2.1.10 Programs shall be fully staffed with qualified and trained personnel who have satisfactorily completed ORR’s suitability determinations prior to admission of UAC. Programs shall operate 24 hours a day, seven days a week, 365 days a year; and be able to accept new admissions within 48 hours of referral from ORR so that ORR can meet its statutory requirement to place UAC within 72 hours of notification from DHS. Respective levels of care must be located within a cohesive geographic area which supports ease of transfers between levels of care and continuity of care.

2.1.11. Bed increments.

The Contractor shall provide secure care bed and HSF bed increments defined in the Bed Increment Table that are specified in the award and as directed by the contracting officer post-award. Increment requirements to include pricing and timelines for increment increases and decreases are defined in the table and increment requirements.

Table: Bed Increments

1. Directed Secure Bed Increments. Effective after Ramp-Up and Transition-In:

2. Directed HSF Bed Increments. Effective after Ramp-Up and Transition-In:

Increment Requirements

1. Increment pricing shall be a daily Firm-Fixed-Unit-Price (FFUP) as described in the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) FAR Companion section 16.2 in accordance with the Pricing Worksheet. The Increment fee includes all additional management and care-staffing and PWS service-related costs to provide the secure/HSF care per the contract.

2. Initial Secure and HSF bed increments to be established at time of award. Minimum 30 Secure and 30 HSF (Increment 1). The initial increments’ beds shall be available for UAC placement in no more than 120 days after award.

3. Post-award increment increases: The contracting officer may direct an increase to any increment. In the event multiple increments are directed by the contracting officer, the Contractor shall accomplish them concurrently. The Contractor shall achieve with all required cleared staffing the directed increment(s) in no more than 90 total calendar days starting the calendar day after Government direction.

4. Pricing for increments start when the Contractor is ready to accommodate the increased bed quantity, regardless of the timeline requirement. t completion of the bed quantity increase - when the beds at the directed level are available, regardless of the timeline requirement.

5. Post-award increment decreases: The contracting officer may direct to any lower increment within 7 total calendar days starting the day after Government direction, but no sooner than 30 calendar days after any increment increase.

2.2 Prohibited Actions. The Contractor and its care providers are prohibited from using the following measures under this contract:

2.2.1 Sanctions that adversely affect the physical, emotional, and/or psychological wellbeing of the child or sanctions that deny the child meals, sufficient sleep, routine personal grooming activities, exercise (including daily outdoor activity), health care, correspondence or communication privileges, or legal assistance.

2.2.2 Threatened or actual corporal punishment, defined as: the infliction of physical pain on any part of a child’s body as a means of controlling or managing the child’s behavior.

2.2.3 Threats to withhold or limit communication with families or sponsors (including access to a UAC’s personal cell phones or tablets in long-term settings).

2.2.4 Threatened or actual use of seclusion (note that care providers must still follow UAC Policy, as well as applicable state laws, for appropriate use of seclusion in limited emergency situations, and any such use must be commensurate with the nature and duration of the emergency). (See UAC Bureau Policy Guide Section 3.3.15, Use of Restraints or Seclusion in Emergency Safety Situations).

2.2.5 Threatening children with Significant Incident Reports or Child-Level Events.

2.2.6 Threatening children with unfavorable consequences related to family/sponsor unification or legal matters (e.g., immigration, asylum).

2.2.7 Unproductive labor that serves no purpose except to demean or humiliate the child.

2.2.8 Physical movement, such as push-ups and running, or uncomfortable physical positions as a form of punishment or humiliation.

2.2.9 Conducting a search of a child’s personal belongings solely for the purpose of behavior management.

2.2.10 Restraints, including mechanical restraints, which include any device attached to, or adjacent to, the child’s body that they cannot easily remove and restricts freedom of movement or normal access to their body.

2.2.11 Prone physical restraints or restraints that restrict a child’s breathing, restricting a child’s joints or hyperextending a child’s joints, or requiring a child to take an uncomfortable position.

2.2.12 Chemical restraints, which may include, but are not limited to, pepper spray or other forms of inflammatory and/or aerosol agents.

2.2.13 Peer restraints (i.e., asking or permitting other children to physically restrain another child).

2.3 Facility Definitions

2.3.1 Secure Facility: A facility having separate accommodations for children in a physically secure structure with staff capable of controlling violent behavior. ORR uses a secure facility as the most restrictive placement option for a UAC who poses a danger to self or others or has been charged with or convicted of having committed a criminal offense. See 45 CFR 410.1001 (“secure facility”) and 45 CFR 410.1105(a)(3).

2.3.2 HSF Facility: A facility that is operated by a program, agency, or organization licensed by an appropriate State agency, or that meets the requirements of State licensing that would otherwise be applicable if it is in a State that does not allow state licensing of programs providing care and services to UAC, and that meets the standards for standard programs set forth in 45 CFR § 410.1302, and that is designed for an UAC who requires close supervision but does not need placement in a secure facility, including a residential treatment center (RTC). HSF provides 24-hour supervision, custody, care, and treatment. It maintains stricter security measures than a shelter, such as intensive staff supervision, in order to provide support, manage problem behavior, and prevent children from running away. An HSF may have a secure perimeter but shall not be equipped internally with major restraining construction or procedures typically associated with juvenile detention centers or correctional facilities. Historically, this type of facility was referred to as “staff secure” in ORR sub-regulatory guidance and information collections.

2.4 Personnel Requirements

2.4.1 Key Personnel Requirements

The Government requires the contractor to retain Key Personnel as identified in this section. ORR must approve any key personnel changes post-award. The key personnel specified in this contract are essential to work performance. The Contractor shall submit an initial Key Personnel Roster within 5 business days of contract award. The initial roster shall serve as the baseline for all subsequent updates, and include name, position title, brief summary including degree earned, field of study, and institution(s), professional licenses or certifications, specialized training and experience relevant to position and years of experience and any key accomplishments or specialized expertise relevant to serving in the key personnel role. The initial roster shall also note any key personnel vacancies. (See PWS Section 4.0, Delivery of Deliverables and Performance Requirements Summary)

2.4.2 Key Personnel Substitution

The contractor shall not replace any personnel designated as Key Personnel without the written concurrence of the Contracting Officer Representative (COR). In accordance with HHS Acquisition Regulation (HHSAR) 352.237-75 (incorporated by reference into the contract), at least 30 calendar days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer (CO) and COR and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement to include furnishing a resume, showing the background and suitability determination status, and providing an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than 30 days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. (See PWS Section 4.0, Delivery of Deliverables and Performance Requirements Summary) The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the COR. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

Substitute personnel qualifications shall be equal to or greater than those of the personnel being substituted. If the Government determines that proposed substitute personnel is unacceptable or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the contractor may be subject to default action.

2.4.3 Key Personnel Positions, Experience, and Educational Requirements Under this contract, the following positions are deemed key personnel. Key personnel marked as dedicated are dedicated personnel for the UAC program, are covered under the contract’s firm fixed price, and are required to be full-time to ensure the program is ready for new admissions. Key personnel not marked dedicated, are required key positions for care of UAC placed into contractor’s physical custody, but do not have to be 100% dedicated to the UAC program and the positions should be figured as part of the daily per bed rate.

2.4.3.1 Program Director (Dedicated). The Program Director position is considered a full-time dedicated position for this requirement. The Program Director is responsible for the overall management of the programmatic, administrative, financial, and operational systems related to the provision of secure care and services; provision of regular and timely reports to the COR with a copy to the CO regarding operations, services, and finances; and elevation of any issues or concerns to the COR and the CO. At a minimum, the Program Director must possess a Master of Social Work (MSW) or an equivalent graduate degree in education, psychology, sociology, or another relevant behavioral science field. Alternatively, a bachelor’s degree combined with at least five years of experience in child welfare administration or child protective services, along with a minimum of two years in program management or as the Director of a state-licensed shelter program, is acceptable. Program Director must possess a childcare administrator license issued by the state where care is provided. If a respective state does not issue childcare administrator licenses, the COR and the CO will review resume and credentials for Program Director before concurring with hire. Dedicated position pricing shall be a daily FFUP in accordance with the Pricing Worksheet.

2.4.3.2 Child Psychiatrist (Dedicated). The child psychiatrist conducts psychiatric evaluations, assessments, surveillance for non-psychiatric medical concerns, medication management, consults with a multidisciplinary team and is ultimately responsible for the diagnosis, treatment, and discharge planning for UAC as pertains to mental health concerns. The psychiatrist also participates in psychoeducation of UAC and family/sponsors about psychiatric medication, diagnoses, treatment and prognosis, and is instrumental in the psychotropic medication informed consent process. This position must possess a Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.) and must have completed residency training in Adult Psychiatry and Fellowship in Child and Adolescent Psychiatry. They must be board certified in Child and Adolescent Psychiatry unless within 2 years of finishing fellowship and licensed to practice medicine in the respective state of where services are being provided. They must maintain board certification and license throughout entirety of employment. As required by the Drug Enforcement Administration (DEA), must also register with the DEA and maintain an active license to legally prescribe controlled medications for patients.

2.4.3.3 Medical Coordinator. The medical coordinator oversees arrangement and coordination of appropriate health services, including urgent, emergent, and preventative health services for UAC placed in the physical custody and care of the Contractor. This includes maintaining complete, confidential medical records for children, ensuring appropriate communication of health needs to case managers and clinicians, scheduling health care appointments, coordinating transportation to health care appointments, ensuring qualified interpretation and translation services are in place, and serving as a liaison for community health care providers. The minimum qualifications include a licensed practical or vocational nurse (LPN/LVN) or higher health-related qualification (e.g., licensed registered nurse (RN) with a bachelor’s degree), OR Bachelor’s degree in a relevant field; and a minimum of one year of employment in public health or a healthcare setting with demonstrated experience in care coordination, health administration, or direct clinical care.

2.4.3.4 Lead Clinician (Dedicated). The lead clinician oversees clinical services, and trains and supervises clinical staff. Ensures that behavioral health specialists complete relevant training on evidence-based practices in mental and behavioral health care delivery. They must ensure that child-facing services are provided on-site and in a confidential manner. The minimum qualifications is a master's or doctorate degree in psychology, social work, counseling, marriage and family counseling, or another relevant behavioral health discipline from an accredited program, university, or college where clinical experience is a program requirement and includes two years of post-graduate direct service delivery experience. Must have supervisory experience and be licensed to provide clinical services in the state where the care provider is located.

2.4.3.5 Clinicians. Clinicians conduct mental health assessments; provides ongoing individual and group counseling services, screens for human trafficking concerns, and provides crisis intervention services. Must provide child-facing services on-site. The minimum qualifications is a master's or doctorate degree from an accredited program, university, or college in psychology, social work, counseling, marriage and family counseling, or other behavioral discipline in which clinical experience is a program requirement. The Clinician must be licensed in the state where the facility is located.

2.4.3.6 Lead Case Manager (Dedicated). Care providers are required to provide case management services, at a minimum during normal business hours; and case managers must be based on site at the care facility. The Lead Case Manager is considered a full-time and dedicated position for this requirement and shall oversee case management services. Case managers perform a variety of duties, including coordinating the completion of assessments of UAC, completing individual service plans, assessing potential sponsors, making transfer and release recommendations, and upon ORR directive, coordinating the release of UAC from ORR care and custody. ORR may require care providers to extend service hours to evenings and weekends (e.g., requiring availability of case management services seven (7) days a week, including holidays, 8am through 10pm local time). Case managers also initiate ORR sponsor care services, support the gathering of sponsor information, and assess whether the potential sponsor can safely provide for the physical and mental well-being of the child. (See ORR UAC Bureau Policy Guide 2.3.2, Case Managers). Dedicated position pricing shall be a daily FFUP in accordance with the Pricing Worksheet.

2.4.3.7 Prevention of Sexual Abuse (PSA) Compliance Manager (Dedicated). PSA compliance manager oversees implementation and ongoing compliance with the Interim Final Rule on UAC Sexual Abuse and Sexual Harassment standards at care provider facilities. The PSA Compliance Manager must possess a bachelor’s degree in behavioral sciences, human services, social service fields, or relevant field. Must have at least 1 year of experience working with child welfare standards, best practices, or quality control or compliance, and be knowledgeable with the applicable norm, which is PREA (see 28 CFR 115, ORR funded secure care provider facilities, and the UAC Policy Guide Section 4).

2.5 Specific Requirements

2.5.1 Task I: Transition-In (Base Year Only)

Transition-In is a separately priced (FFUP) daily rate per the Pricing Worksheet), structured process by which the incoming contractor ramps-up and assumes full operational responsibility from the incumbent contractor without disruption to services and provides the number of secure care and HSF beds at the increments specified in the award. The Contractor shall ensure continuity, child safety and welfare, and completion of all transition-in activities within 120 calendar days of award (or sooner). The Contractor shall use a phased migration of services and document the status during the 120-day transition-in phase.

Exit from the transition-in phase is criteria, not time based. Although the requirement is to complete transition-in in no more than 120 calendar days, transition-in pricing ends when the Contractor is fully staffed for the bed increments specified in the award, the physical facilities meet the requirements for full (150 secure/100 HSF beds) capacity, the Contractor is ready to fully perform the requirements of the contract, and the number of beds for the initial secure bed and HSF bed increments specified in the award are available to ORR for UAC placement. Upon completion of the transition-in, the Contractor shall notify the COR in writing that transition-in has been completed and shall include the listing of all tasks/services transitioned.

1.) The Contractor shall perform the Transition-In task per the requirements of this section. The Contractor shall develop, maintain, and execute a Transition-In plan, as a component of the Contractor’s Project Management Plan, per Section 2.6.2 of this PWS. The Contractor must work cooperatively with the incumbent contractor/service provider and the Government to provide seamless transition of services specified in the PWS. The Contractor shall work collaboratively with government personnel identified by the CO and/or COR to ensure a seamless transition of the activities included in this contract.

2.) During Transition-In, the Contractor shall provide the Transition-In and project status to ORR weekly or as directed by the COR. The project status will include:

A. Any updates to the Transition-In Plan B. Timeline and milestones to achieve full operational capability C. Status of establishing each required PWS tasks and service D. Staffing: Detailed by-position (and name as necessary) hiring, onboarding, background check/suitability determination status, turn-over, full performance E. Known and potential risks to achieving the Transition-In Plan milestones and plan to mitigate or eliminate the risks.

F. Other issues and challenges G. Assistance required from the Government.

3.) See PWS Section 4.0, Delivery of Deliverables and Performance Requirements Summary.

2.5.2 Task II: Admissions and Orientation

A. Screen for signs/symptoms of illness or mental distress and referring the child for medical care/testing as needed.

B. Ask the child about any healthcare conditions or needs they have (including disabilities, allergies, diseases, mental and behavioral health issues, as well as medications) in the child’s native or preferred language.

C. Review all of the child’s records for health issues/needs, including but not limited to those identified while in CBP care to identify any immediate needs.

D. Plan to assist with contacting family members or other relatives, if contact is considered safe, following ORR and the care provider’s internal safety procedures.

E. Initial Intake Assessment to interview UAC within 24 hours of admission, if one has not already been performed at a previous ORR funded care program.

F. Ensure UAC receive a complete initial medical exam (IME), including screening for infectious diseases by a licensed physician, physician assistant, or nurse practitioner as outlined in ORR’s IME Program Guidance within 2 business days of admission provided the IME has not already been performed during this child’s current stay with ORR.

G. Create an inventory of all cash and property obtained from UAC upon admission.

H. Office of Trafficking in Persons notification if suspected trafficking within 24 hours.

I. Disclosure Notice explaining rights, confidentiality and limits to confidentiality of information. (See ORR UAC Policy Bureau Guide Section 5.9.1, Requirement to Inform Children of Confidentiality)

2) Orientation Plan. The Contractor shall provide a comprehensive program orientation to UAC within 48 hours of admission to the care facility. (See ORR UAC Policy Bureau Policy Guide Section 3.2, Care Provider Admissions and Orientation for Unaccompanied Alien Children and ORR UACB Policy Section 3.4.3 Requests for Healthcare Services, including Medical Services Requiring Heightened ORR Involvement. (See https://acf.gov/orr/policy-guidance/unaccompanied-children-program-policy-guide-section-3#3.4.3) . The Contractor’s orientation plan shall include and describe the program’s policy, process, and protocol for: Comment by Buckley, Kirsten (ACF): Can we include policy 3.4.3 Requests for Healthcare Services, including Medical Services Requiring Heightened ORR Involvement here?

https://acf.gov/orr/policy-guidance/unaccompanied-children-program-policy-guide-section-3#3.4.3 A. Program's services, rules (written and verbal), and all other pertinent information about the facility and program expectations in a fashion that is appropriate for age and language.

B. How all orientation materials are provided in formats understandable to UAC who are limited English proficient, limited reading skills, deaf, visually impaired or otherwise disabled.

C. Include protocol and process for providing UAC a tour of the facility with an explanation of where emergency and evacuation routes and exits are located along with procedures.

D. Assurance for requirement that UAC must be provided with an explanation of their custody in ORR, including explanation of care provider rules, responsibilities, and procedures; rights and responsibilities; legal-related information; care provider’s behavior management policies; and care provider’s grievance policies and procedures.

E. Plan and protocols for ensuring all UAC transferred to the physical custody and care of the Contractor receive a legal orientation presentation and legal consultation provided by an ORR-funded Legal Services Provider (LSP) within 10 business days of placement with the Contractor every six (6) months Legal consultations shall be provided F. Assurance that compliance with receiving legal orientation presentations is documented in each UAC’s case file.

2.5.3 Task III: Transportation Services

2.5.3.1 Transfer of UAC between ORR’s network of care providers is a complex process requiring close coordination among case managers, case coordinators, and medical staff at both the referring and the receiving care facilities, Federal Field Specialist (FFS) staff, and the UAC Division of Placement Operations (DPO). The Contractor shall be responsible for leading coordination and providing transportation for UAC when they are the transferring care provider. The transferring care provider shall be responsible for transportation from their care facility to another ORR funded care facility. See UAC MAP 1.4 Transfers within the ORR Care Provider Network.

2.5.3.2 The Contractor shall provide transportation services for UAC to local airports and to local services and appointments such as medical and dental appointments, immigration court hearings, or community services as part of the ISP. (See ORR UAC Bureau Policy Section 3.3.14, Transportation Services and 45 CFR 410.1401)

2.5.4 Task IV: Specific Operational Requirements

2.5.4.1 Placement Criteria

2.5.4.1.1 Secure Placement Criteria: Secure care is the most restrictive level of care for UAC and is designated for those who have been charged with or convicted of a criminal offense, are charged or is chargeable with such an offense, or whose alleged conduct poses a threat to self or others. Secure care facilities shall be locked with a no-climb fence or identified as a secure juvenile detention facility. The determination of which UAC meet secure care placement criteria is made by ORR.

2.5.4.1.2 HSF Placement Criteria: HSF facilities maintain stricter security measures than non-restrictive care providers (e.g., shelters), such as intensive staff supervision, in order to provide support, manage problem behavior, and prevent children from running away. ORR only places UAC in HSF care if they require close supervision, but do not require placement in a secure facility. Placement in HSF care is based on clear and convincing evidence the child: Has been unacceptably disruptive to normal functioning of a shelter care provider facility and transfer is necessary to ensure welfare of the child or others; Has displayed a pattern of severity of behavior, prior to entering ORR custody or while in ORR care, that requires increased supervision by trained staff; and Has non-violent criminal or delinquent history not warranting placement in a secure facility, but which evidences a behavioral concern that requires an increase in supervision above what would be provided in a non-restrictive facility.

2.5.4.2 Secure and HSF Care Facilities Operations

2.5.4.2.1 The Contractor shall comply with all applicable state child welfare laws and regulations and all state and local building, fire, health, and safety codes; and satisfactorily meet all applicable federal, state, and local regulations for provision of residential care for juveniles for HSF and secure levels of care.

2.5.4.2.2 The Contractor shall maintain facilities that are readily accessible to visitors, staff, and UAC with disabilities and that comply with local, state, and federal laws, codes, and regulations, including the ADA and Section 504 of the Rehabilitation Act of 1973, as amended.

2.5.4.2.3 The Contractor shall ensure all in-network care provider facilities maintain safe and sanitary environments for UAC to ensure all children are free from threats from other children.

2.5.4.2.4 The Contractor shall ensure facilities provide locations on-site for visitation and telephone calls.

2.5.4.2.5 The Contractor shall ensure care provider facilities for UAC have the appropriate time, space, and items for personal grooming and hygiene. (See ORR UAC Bureau Policy Guide Section 3.3.3.11, Clothing and Personal Grooming).

2.5.4.2.6 The Contractor shall ensure facilities are in areas easily accessible to immigration courts, pro bono legal services; national airports; community mental health, dental, and medical service providers. (See ORR UACB Policy Sections 3.4.1).

2.5.4.2.7 The Contractor shall employ policies and procedures to ensure the physical facilities and equipment are in good repair and in compliance with applicable building and safety codes.

2.5.4.2.8 The Contractor shall ensure emergency equipment (lighting, portable generators and uninterrupted power sources and systems) are installed, maintained in accordance with manufacturer guidance, and are in working order.

2.5.4.2.9 The Contractor shall maintain installed protection equipment, including alarm and sprinkler systems, in all living areas of care facilities and perform periodic inspections of fire detection equipment.

2.5.4.2.10 The Contractor shall ensure showers and living areas are constructed and maintained to ensure they are free of mold and mildew.

2.5.4.2.11 The Contractor shall ensure interior furnishing materials, furniture, and bedding are in accordance with recognized local and state codes.

2.5.4.2.12 The Contractor shall ensure all precautions for kitchen utensils, facility maintenance equipment, and recreation equipment are stored and secured safely and only accessible by authorized employees and accessed for original purposes.

2.5.4.2.13 For secure and locked settings, the Contractor shall ensure control and monitoring of entry and exit points from premises; utilize video monitoring in common and living areas, and communication systems and alarm systems for all areas; and must adhere to Prohibition on Expending HHS Award Funds for Covered Telecommunications Equipment or Services as per 2 § CFR 200.216.

2.5.4.2.14 The contractor must establish written evacuation plans for implementation in the event of earthquakes, fires, hurricanes, tornadoes, other natural disasters, or other potentially dangerous situations that may threaten the safety of the program or the UAC; for each location where they provide care for UAC. The Contractor shall have their program approved plan in place prior to admitting UAC into their program; and shall provide a copy of the approved written evacuation plan (and any subsequent updated plans) to ORR prior to admitting any UAC to their program. See UAC Policy Guide Section 3.3.4 Safety Planning. (See PWS Section 4.0, Delivery of Deliverables and Performance Requirements Summary)

2.5.4.2.15 The Contractor shall operate and manage facilities staffed with credentialed, experienced, and skilled direct care staff who have completed all required background and suitability determinations, and are trained, including training on UAC Bureau policies, trauma informed care, management of difficult behaviors.

2.5.4.2.16 The Contractor shall ensure facilities are administered and operated in compliance with required staff to UAC ratios by qualified licensed and/or certified and trained dedicated care provider staff 24 hours a day, 7 days a week, to include all weekends and holidays when one or more UAC are placed with the Contractor. (See ORR UAC Bureau Policy Guide Section 4.4.1, Staffing Levels.)

1) The Contractor shall maintain staff to UAC ratio or a ratio consistent with:

A. One (1) on-duty staff for every four (4) children during waking hours;

B. One (1) on-duty staff for every twelve (12) children during sleeping hours;

C. One (1) case manager for every six (6) children;

D. One (1) clinician for every six (6) children; and E. Two (2) staff present, at least, for each one (1) child during secure transport outside the facility; at least one (1) staff present must be of the same gender as the child being transported.

2) When determined necessary, the Contractor shall provide one-on-one direct care staff-to-child ratio in exigent circumstances to ensure the child and/or other children are safe and an alternative means of care is arranged. (See ORR UAC Bureau Policy Guide Sections 3.3.15 Use of Restraints or Seclusion in Emergency Safety Situations and 3.5.2, Prohibition on Segregation and Isolation). One-on-one direct care staff can focus on a UAC’s specific needs and treatment plan within the residential setting and can mitigate challenges which may otherwise result in an admission rejection or termination from a care setting. The addition of an assigned one-on-one direct care staff often involves intensive interaction and monitoring to manage challenging behaviors and to promote positive development and overall success. (See ORR UAC Bureau Policy Guide Section 4.8.2, Use of Assessment Information).

2.5.4.2.17 There shall be a daily FFUP facility fee in accordance with the Pricing Worksheet. This FFUP includes all operations, maintenance, fixed-facility cleared staff, state licensing, permits, and leases to maintain the facilities for 250 total (150 Secure/100 HSF) beds

2.5.5 Task V: Service-Specific Requirements

2.5.5.1 Comprehensive Services: The Contractor shall provide the following comprehensive services. [Expected to be covered within the firm-fixed unit price (FFUP) for occupied beds.]

2.5.5.1.1 The Contractor shall ensure care provider personnel do not engage in, or otherwise permit, harassment, bullying, threats, ridicule, or discriminatory/prejudicial treatment.

2.5.5.1.2 The Contractor shall ensure behavior management strategies used meet child welfare best practice standards. ORR approves care provider written policies and procedures for behavior management, including rules for the program, and rewards and consequences for behavior.