B08_SOL_-_Attachment_1_-_Performance_Work_Statement_v3_1_.pdf

Attachment 1 – Performance Work Statement (PWS)

Legal Services for Eligible Afghan Arrivals

I. PURPOSE OF THE CONTRACT

The purpose of this Contract is to secure a Contractor to provide immigration-related legal services, related technical assistance, and coordination support to eligible Afghan arrivals by helping them seek asylum, or other immigration relief, and otherwise secure adjustments of status.

II. BACKGROUND AND NEED

In July 2021, the U.S. Government undertook a humanitarian effort, Operation Allies Refuge, to support the relocations of eligible Afghan nationals and their immediate family members. In August 2021, President Joe Biden ordered the Department of Homeland Security (DHS) to lead Operation Allies Welcome (OAW), a continuation of Operation Allies Refuge, with the task of managing the resettlement of evacuees and providing “temporary housing, sustainment, and support inside the United States.”

In the Afghanistan Supplemental Appropriations Act, 2022 and the Additional Afghanistan Supplemental Appropriations Act, 2022 (“ASA”), Congress authorized the Office of Refugee Resettlement (ORR) to provide immigration-related legal assistance to eligible Afghan populations1 through September 30, 2023. This appropriation allows states and grantees to provide legal assistance using ASA funding allocated through ORR grants such as Refugee Support Services (RSS), Preferred Communities, Cash and Medical Assistance (CMA), etc. to citizens or nationals of Afghanistan for whom such refugee and entrant assistance is authorized.

States are expected to use ASA funds to work with grantees on providing immigration-related legal assistance to eligible Afghan families and individuals across the country, relying on existing legal service providers to ensure effective, efficient, and non-duplicative service delivery. This Contract will supplement ASA-funded efforts through states and ORR grantees by providing additional legal services, technical assistance, and coordination support where needed.

III. GOALS AND OBJECTIVES

1 Per ORR Policy Letter 22-10, the following Afghan populations are eligible for ASA-funded benefits and services:

1. Citizens or nationals of Afghanistan (including unaccompanied minors) paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act between July 31, 2021 and September 30, 2022.

2. A spouse or child of any individual described above in number 1, who is paroled into the United States after September 30, 2022.

3. A parent or legal guardian of any individual described above in number 1, who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2), who is paroled into the United States after September 30, 2022.

4. Citizens and nationals of Afghanistan for whom refugee and entrant assistance activities are authorized (e.g., Special Immigrant Visa holders, Special Immigrants with Conditional Permanent Resident status, SI/SQ parolees, refugees, asylees), whose eligibility date is on or after July 31, 2021.

https://en.wikipedia.org/wiki/United_States_Department_of_Homeland_Security https://www.acf.hhs.gov/sites/default/files/documents/orr/ORR-PL-22-10-ASA-eligibility_0.pdf

The goal of this Contract is to secure a Contractor to provide immigration-related legal services, deliver technical assistance, identify legal service providers (LSP), and serve as a legal service referral and coordination hub to states and ORR grantees serving eligible Afghan families and individuals.

The objectives of the Contract are:

a. Organize and coordinate a system for identifying and recruiting qualified immigration attorneys to represent eligible Afghans in an asylum interview or other mandatory immigration-related legal assistance appointment or proceeding for reasonable fees in all relevant geographic areas of the United States.

b. Organize and coordinate a system for which states, and ORR grantees, can refer eligible Afghans for immigration legal assistance in instances where no such support is available.

c. Facilitate access to available immigration legal representation for eligible Afghans in an asylum interview or other mandatory immigration-related legal assistance appointment or proceeding.

d. Provide and/or facilitate technical assistance to ORR grantees (or their subgrantees) and those providing immigration legal representation for eligible Afghans in an asylum interview or other mandatory immigration-related legal assistance appointment or proceeding.

e. Provide and/or facilitate relevant trainings to immigration attorneys on legal representation for eligible Afghans and cultural competency best practices.

f. Provide and/or facilitate legal orientations to eligible Afghans on available immigration relief and protections.

IV. GENERAL REQUIREMENTS

The Contractor shall account for project funding necessary to meet all requirements specified in Section V. Tasks, including but not limited to activities supporting IT security and privacy, Section 508 compliance, and web content development, management, and migration.

a. Independently, and not as an agent of the Government, the Contractor shall furnish the necessary personnel, labor, equipment, software, services, materials, and supplies, except as otherwise noted specifically herein to perform the work set forth below.

b. All work under this contract shall be monitored by the Contracting Officer’s Representative

(COR).

V. TASKS

The Contractor shall provide immigration-related legal services, deliver technical assistance, and serve as a legal service referral and coordination hub to states and ORR grantees serving eligible Afghan families and individuals by engaging in the following:

Task 1: Technical Assistance and Coordination Support

The Contractor shall supplement ASA-funded efforts by states and ORR grantees by providing and/or facilitating the following:

a. LSP referral and coordination support to ensure that all eligible Afghans have access to qualified legal representation, regardless of geographic region, whether by local LSPs or remote LSPs if local options are not available.

b. Provide a platform for LSPs to share knowledge and best practices for representing eligible Afghans, such as a listserv or workgroup. The platform will be a coordination hub for legal resources and capacity available for Afghans funded by ORR, pro-bono, or other sources.

c. Provide a point of contact for USCIS and ORR to help disseminate information to LSPs about updated asylum processes and protocols for eligible Afghans.=

d. Provide feedback and recommendations to USCIS and ORR about gaps in services and/or other needs related to legal representation for the eligible population, using data mapping and analysis.

e. Technical assistance, utilizing a variety of delivery methods including live instructions, video conferencing, etc. Contractor can consider subcontracting with experts to provide training on specialized topics related to legal service provision for the target population, including cultural awareness or specific avenues of immigration relief.

f. Substantive immigration legal practice trainings and cultural competency trainings, utilizing a variety of delivery methods including live instructions, video conferencing, etc.

Task 2: Direct Representation and Legal Services

The Contractor shall provide direct representation to eligible Afghans in applications for legal relief, such as asylum interviews or other mandatory immigration-related legal assistance appointments in the appropriate immigration court jurisdictions where legal service providers are available, either in-person (preferred, whenever feasible) or remotely, with particular focus on regions where there are gaps or limitations in legal services for eligible Afghans. The Contractor will coordinate closely with ORR-funded states and grantees providing legal assistances to identify gaps that would necessitate direct representation through this contract. The Contractor will serve no more cases than authorized by the COR and in accordance with available Contract funding for the current period of performance. The Contractor shall coordinate with LSPs to provide and/or facilitate legal services, including:

a. Basic legal orientations, seminars, and workshops on available immigration relief and protections to eligible Afghans.

b. Consultations with eligible Afghans to assess eligibility for any and all applicable forms of immigration relief.

c. Assistance completing and filing all relevant immigration and employment authorization forms, applications, petitions, and/or briefings with the United States Citizenship and Immigration Services (USCIS), Executive Office of Immigration Review (EOIR), the Board of Immigration Appeals (BIA), and circuit courts. This also includes relevant filings with state court for custody and guardianship proceedings as they relate to Special

Immigrant Juvenile Status petitions, as well as other family court proceedings necessary for relevant immigration relief.

d. Assistance filing custody and guardianship petitions for eligible Afghan minors. Assistance may include workshops or other trainings on how to file custody and guardianship petitions in state court.

e. Direct representation in state court in custody and guardianship cases for eligible Afghan minors.

f. Direct representation with USCIS, EOIR, BIA, and circuit courts, including direct representation for asylum interviews and other in-person immigration appointments. This also includes representation in state court for custody and guardianship proceedings as they relate to Special Immigrant Juvenile Status petitions, as well as other state court proceedings necessary for relevant immigration relief.

g. Interpretation and document translation services to assist eligible Afghans with completing and filing all relevant immigration forms, applications, petitions, and/or briefings.

h. Assistance filing for renewals of relevant and applicable immigration and employment relief.

i. Assistance replacing lost or damaged immigration or employment documents and/or assistance with the correction of relevant documents.

j. Assistance updating the client’s address using USCIS’s online AR-11 Change of Address system where applicable, particularly for Afghans who have been resettled from their respective Safe Havens.

k. Providing guidance on securing fee waivers where applicable and assistance with fee waiver applications.

l. Using Contract funds to pay for filing fees for immigration applications for which fee waivers are not available, when requested (whether for an individual or a group) by a state’s or replacement designee’s State Refugee Coordinator, as long as other federally-or state-funded programs for which the client is eligible do not cover or do not have sufficient funds to cover the costs.

m. Using Contract funds to pay for the administration of, and associated fees for, the I-693 Report of Medical Exam and Vaccination Record required for an application for Legal Permanent Residency, when requested (whether for an individual or a group) by a state’s or replacement designee’s State Refugee Coordinator or State Refugee Health Coordinator, as long as other federally- or state-funded programs for which the client is eligible do not cover or do not have sufficient funds to cover the costs. Assistance responding to immigration-related inquiries from the U.S. Department of State Bureau of Population, Refugees, and Migration.

n. Assistance responding to immigration-related inquiries from the U.S. Department of State Bureau of Population, Refugees, and Migration.

o. Assistance responding to USCIS inquiries, including requests for evidence (RFE) or notices of intent to deny (NOID).

p. Identifying and recruiting expert witnesses to assist with filings and briefings where applicable; using Contract funds to pay for expert witnesses.

q. Referrals for the provision of services to other qualified providers where appropriate.

r. Other assistance as approved by the COR.

Task 3: Language Support

The Contractor shall work with states, ORR grantees, and LSPs to ensure access to necessary translation and interpretation support in relevant languages, which include but are not limited to:

Pashto, Dari, Uzbek, Arabic, and Urdu. The Contractor shall place a special emphasis on identifying adequate language support by female interpreters for female clients.

Task 4: Program Management

The Contractor shall develop a program management plan with timelines for implementation.

Task 5: Case Tracking

The Contractor shall track USCIS processing times, as well as immigration court dates, immigration judge decisions, and appeals decisions with the assistance of data provided in coordination with the Executive Office of Immigration Review (EOIR) to:

a. Track USCIS asylum interview dates following the submission of asylum petitions to USCIS to ensure that interview dates are scheduled within the required timeframes;

b. Track USCIS asylum decision outcomes and dates following asylum interviews;

c. Track appeals of USCIS decisions and outcomes of appeals;

d. Track dates immigration court cases and appeals, whether active, pending or closed;

e. Track outcomes of immigration court cases and appeals, and maintain statistics on those cases;

f. Track relevant family court decision outcomes and decision timelines (i.e., date case was filed to date of decision) on custody and guardianship proceedings.

g. Identify types and number of applications for immigration relief sought and relief granted categorized by immigration court location across each month.

h. Identify number of custody or guardianship petitions filed, and granted, in family court categorized by court location across each month.

Task 6: Monthly Reporting

The Contractor shall track legal services work and complete monthly status reports using a template to be designed in coordination with the COR. In consultation with the COR, the Contractor shall gather information regarding issues that impact service delivery as outlined in the contract and in accordance with ORR policies and procedures.

The Contractor shall submit to the COR, within 15 calendar days of each month (or the next business day after the 15th if it falls on a holiday or weekend), a status report of the following:

a. Anonymized aggregated number of eligible Afghan families and individuals screened for legal relief, categorized by state;

b. Anonymized aggregated number of eligible Afghan families and individuals deemed eligible for legal relief, categorized by state;

c. Anonymized aggregated number of eligible Afghan families and individuals who filed each type of application for immigration relief;

d. Anonymized aggregate number of USCIS-granted immigration relief, categorized by type of relief and by state;

e. Number of instances of technical assistance and trainings provided;

f. Number of immigration attorneys identified and recruited to represent eligible Afghans;

g. Length of time between when applications are filed for immigration relief and decisions are received from relevant adjudicator, categorized by state; and

h. Qualitative analysis related to the effectiveness of the legal services access within their region. This may include any information gathered from site visits, legal screenings, and technical assistance.

Task 7: Transition Plan

The Contractor shall develop a transition plan at Contract closeout and coordinate in the event of changes in Contractor to accommodate any pending immigration relief cases to ensure continuity of services. The transition-out plan shall facilitate the accomplishment of a seamless transition from the incumbent to the incoming Contractor at the expiration of the current Contract. The Contractor shall provide a transition-out plan no later than120 calendar days prior to expiration of the current Contract for ORR/COR approval. The Contractor will have 60 days following the expiration of the current Contract to carry out tasks related to invoicing, reporting, and data closeout. The Contractor shall identify how it will coordinate with the incoming Contractor and/or government personnel to transfer knowledge regarding the following:

1. Project management processes;

2. Points of contact;

3. Location of technical and project management documentation;

4. Status of ongoing technical initiatives;

5. Appropriate contractor-to-contractor coordination to ensure a seamless transition;

6. Transition of key personnel;

7. Schedules and milestones;

8. Actions required of the Government;

9. Constraints to the resolving pending immigration legal cases;

10. Without undermining attorney-client privilege, pending course of action to be taken by the

LSP to resolve pending immigration legal cases; and rough estimate of cost to satisfy pending immigration legal case.

The Plan for Contract performance must be submitted within 30 days of award. The Plan must be implemented within 14 days of approval by the COR.

VI. KEY PERSONNEL

The following positions are identified as Key Personnel under this requirement:

• Director/Program Manager (1 staff)

• Administrative Director (3 staff)

• Regional Coordinators (3 staff)