Draft FQRP SOW for RFI 05.20.2025.pdf

Executive Office for Immigration Review (EOIR) Public Resources and Communications Division

Office of Policy Franco Qualified Representative Program (FQRP)

Statement of Work

I. Introduction and Requirements Under Franco-Gonzalez v. Holder.

A. Introduction

The Contractor will provide legal representation and other related services (“program services”) via provision of Qualified Representatives to the following unrepresented individuals (“FQRP Respondents”):

FQRP Respondents are: 1) in the custody of the Department of Homeland Security (“DHS”) within the states of California, Arizona, or Washington at the time of identification; 2) in covered immigration proceedings, as defined below, before the Executive Office for Immigration Review (“EOIR”); and 3) determined by an Immigration Judge or the Board of Immigration Appeals (“BIA”) to be incompetent to represent themselves in their immigration proceedings consistent with the definition below. Covered immigration proceedings include: removal, deportation, exclusion, asylum-only, withholding-only, and custody redetermination and post-order bond.

B. Requirements of Franco-Gonzalez v. Holder

1) The Contractor is required to provide program services to FQRP Respondents as outlined in Franco-Gonzalez v. Holder, CV-02211, Partial Judgment and Permanent Injunction (C.D. Cal. R. Apr. 23, 2013); Franco-Gonzalez v.

Holder, CV 10-02211, Order Further Implementing This Court’s Permanent Injunction (C.D. Cal. R. Oct. 29, 2014).

2) Nothing in this Statement of Work negates or alters the Government’s obligations under the orders of the District Court in Franco.

II. Objective, Program Name, Program Scope, and Period and Place of Performance

A. Objective

The objective of this Statement of Work is for the Contractor to provide program services via the provision of Qualified Representatives to FQRP Respondents. See

Part III.B. (Definition and Role of “Qualified Representative”).

B. Program Name and Terminology

1. The program through which the Contractor must provide program services will be known as the “Franco Qualified Representative Program,” or

“FQRP.”

2. Program services described in section III, below, and provided to FQRP Respondents are described as “FQRP Cases.”

C. Program Scope

1) The scope of program services described by this Statement of Work extends to all FQRP Respondents, including FQRP Respondents who have been released from DHS custody.

2) The Government will affirmatively identify FQRP Respondents to the Contractor.

D. Period of Performance

The period of performance for this SOW is August 1, 2025, to July 31, 2026.

E. Place of Performance

The Contractor, immediately upon the beginning of the Period of Performance, is required to provide the program services required by this Statement of Work to all FQRP Respondents in covered immigration proceedings in any immigration court in the United States, in both detained and non-detained settings.

III. Specific Program Requirements

A. Specific Tasks to Be Performed and Program Services to Be Provided

1) Provide legal representation via provision of a Qualified Representative in the following:

a. Representation in immigration proceedings prior to entry of a final administrative order or determination, as follows:

(1) Immigration and Nationality Act Section 240 removal proceedings, deportation proceedings, and exclusion proceedings before the immigration court;

(2) Custody redetermination (i.e., bond) proceedings before the immigration court;

(3) Immigration court “asylum only” and “withholding only” proceedings pursuant to 8 C.F.R. § 1208.2; and

(4) Appellate proceedings before the BIA;

b. Representation in any custody redetermination or review proceeding before EOIR that occurs after an order of removal has become administratively final (not to include any such proceeding before an Article III court);

c. Representation in any case-related work before United States Citizenship and Immigration Services (“USCIS”) directly relating to representation in section III.A.1.a. or b., above;

d. Representation in any motions to reopen and/or reconsider directly relating to representation in section III.A.1.a.-c., above;

e. Representation to obtain post-conviction relief directly relating to representation in section III.A.1.a.-d., above.

2) Provide other related services reasonably necessary to complete the immigration proceedings listed in III.A.1.a.-d. above and/or a “release plan” for release from DHS custody.

3) Program services (excepting proceedings specified in section III.A.1.e.) must not include services related to any claims or litigation before federal district courts, circuit courts of appeals, or the Supreme Court of the United States.

4) In the event that there is a final administrative order or determination in a case where a Qualified Representative has already been appointed, the Qualified Representative is permitted to continue representation in matters before USCIS until those matters are completed.

5) Provide the program services set forth in this Statement of Work for a specified Baseline Caseload as further described by and subject to the provisions of section IX, below.

B. Definition and Role of “Qualified Representative”

1) “Qualified Representative” is defined as a licensed attorney, a law student or law graduate directly supervised by a licensed attorney, or a DOJ Accredited Representative with full accreditation, as set forth in 8 C.F.R. § 1292.1.

2) The role of a Qualified Representative in the performance of this Statement of

Work is that of an advocate exercising independent professional judgment and providing independent, zealous, and competent representation.

C. Requirement of Entry of Appearance by the Qualified Representative

In all cases, the Qualified Representative providing the program services described in this Statement of Work to any FQRP Respondent must enter an appearance before the immigration court and/or the BIA through the completion and filing of Form EOIR-28 or Form EOIR-27, respectively. In completing these forms, the Qualified Representative must select the option “EOIR has ordered the provision of a Qualified Representative for the party named above and I appear in that capacity.”

D. Timing of Entry of Appearance by Qualified Representative

1) Within 30 calendar days of the Contractor’s notification by the Government of a FQRP Respondent with a matter pending before the immigration court or the BIA, a Qualified Representative must meet with the FQRP Respondent and enter an appearance, as described by section III.C., above, in the Respondent’s case before the relevant immigration court or the BIA.

2) Accelerated Time Requirement: Notwithstanding section III.D.1. above, in specific circumstances, within 10 business days of the Contractor’s notification by the Government, the Qualified Representative must enter an appearance, as described by section III.C., above, before the immigration court or the BIA. Such circumstances may include cases in which a) a FQRP Respondent has been detained by DHS 180 calendar days or more at the time the FQRP Respondent is found incompetent to represent themself; and b) where the BIA or a Federal Court (excluding the immigration court) has ordered or required an accelerated entry of appearance by a Qualified Representative. The Government, in consultation with the Contractor, may develop guidance on additional situations, if any, where a Qualified Representative is required to comply with this accelerated timeline.

3) Exception to section III.D.2.

a. If, upon notice by the Government of a particular FQRP Respondent, the

Contractor cannot meet the requirements of section III.D.2., the Contractor must communicate such to the Government in writing as soon as possible but no later than the next business day after receipt of such notice.

b. In the event that the Contractor cannot meet the requirements of section

III.D.2. for the particular FQRP Respondent(s), the Government may, in its sole discretion, choose to satisfy those requirements using alternative contractors not associated with the Contractor.

c. Where the Government has chosen to use such alternative contractors to provide program services to certain FQRP Respondents, the Government will determine, in its sole discretion, the extent to which and the time for which such alternative contractors will provide program services to those FQRP Respondents.

d. Where the Government has chosen to use such alternative contractors to provide program services to certain FQRP Respondents, the Government may, in its sole discretion, limit or prohibit the use of contract funds by the Contractor for provision of program services to those FQRP Respondents.

e. The Contractor’s inability to meet the requirements under section III.D.2.

above does not constitute a breach under section V below.

f. This exception does not apply to and does not excuse the Contractor’s failure to perform pursuant to, section III.D.1. above.

E. Lack of Capacity, Consent, or Cooperation by a FQRP Respondent

1) Upon a court order that a FQRP Respondent be provided the safeguard of a

Qualified Representative, the Qualified Representative must enter an appearance as required by section III.C. and section III.D., above, and perform the tasks and provide the program services required by this Statement of Work on behalf of the FQRP Respondent regardless of that Respondent’s lack of capacity, lack of cooperation, refusal to consent to, and/or objection to representation by the Qualified Representative.

2) Following a court order that a FQRP Respondent be provided the safeguard of a Qualified Representative and the Qualified Representative’s compliance with the preceding paragraph, the Qualified Representative must not seek to withdraw from representation of the FQRP Respondent solely because of that Respondent’s lack of capacity, lack of cooperation, refusal to consent to, and/or objection to representation by the Qualified Representative.

a. Nothing in this section, however, precludes a Qualified Representative from moving to withdraw from representation of a FQRP Respondent where such withdrawal is otherwise required or permitted by law.

b. Granting of a withdrawal request, however, remains in the sole discretion of the relevant EOIR adjudicator.

c. The Contractor must ensure that any withdrawal request filed with the

EOIR adjudicator is filed as part of or as the result of substitution of counsel by another Qualified Representative, with the exception of withdrawals pursuant to section IV.D., below, so as to ensure that the FQRP Respondent is continuously represented. The Contractor must notify the Contracting Officer’s Representative (“COR”) in advance of the filing of a motion to withdraw to ensure that the FQRP Respondent is continuously represented.

F. Additional Specific Tasks to be Performed by the Contractor and Sub-

Contractor Qualified Representative Organizations

1) Program Operation Plans: Within 30 calendar days of the start of the Period of Performance, the Contractor must establish a Program Operation Plan (“POP”), in consultation with the COR, for the applicable Place of Performance for each current or prospective Qualified Representative organization or individual intended to provide FQRP program services throughout the period of performance. Each POP must include, at a minimum, the following:

a. Start date and implementation schedule for all tasks and program services required by this Statement of Work;

b. An explanation of the qualifications and capacities of the Qualified

Representative organization to efficiently and effectively provide the program services described in this Statement of Work;

c. Proposed data management (including required data reporting), proposed personnel management and staffing (including staff supervision), and a training plan to equip staff with the capacities to provide the program services required by this Statement of Work;

d. A proposed plan to provide the program services required by this

Statement of Work to released FQRP Respondents in light of the typical extended timelines of a non-detained docket. The proposed plan must describe, at a minimum, strategies for maintaining contact with such released FQRP Respondents, for ensuring (to the extent possible) continuity of representation by the same Qualified Representative, and, where necessary, for efficiently facilitating the transfer of such released FQRP Respondent cases to another Qualified Representative. To the extent possible, transfers should be made to Qualified Representatives within the same organization.

e. A specific proposed plan to provide or connect (directly or indirectly) released FQRP Respondents to community-based services, including (but not limited to) case management services, mental health services, medical services, substance abuse services, employment services, and housing services.

2) Conference Calls: The Contractor must conduct monthly conference calls with the COR or COR-designee to discuss program performance. The Contractor and the COR or COR-designee may hold fewer conference calls or additional conference calls and/or meetings as they mutually deem necessary.

Nothing in this section requires the Contractor or its sub-contractors to breach any ethical obligation the Contractor or its sub-contractors may have to withhold privileged or protected or other confidential information.

3) Program Development, Implementation, Monitoring, Evaluation, and

Reporting Requirements: The Contractor must coordinate with the COR and on-site representatives to develop, implement, monitor, and evaluate the program at the performance sites. On-site representatives may include officials from the Government, from DHS, or other individuals deemed necessary by the Contractor or the COR. The Contractor must provide information regarding performance of this contract, as requested by the Government and on-site representatives, to permit program development, implementation, monitoring, and evaluation. Nothing in this section requires the Contractor or its Qualified Representative subcontractors to breach any ethical obligation the Contractor or its subcontractors may have to withhold privileged or protected or other confidential information. The Government must have full access to data collected for the performance of this SOW, not subject to any privilege or otherwise protected from disclosure under the law, and the Contractor must provide such data to the Government. The Government can request ad hoc reports with 10 business days of notice to the Contractor unless the COR approves an extension. All parties must work in good faith to determine appropriate deadlines based on the nature and complexity of the reports, and to coordinate the timing of ad hoc reports with quarterly and other required reports.

4) Stakeholder Relations

The Contractor will maintain collaborative working relationships with all stakeholders. Any meetings with government stakeholders to discuss matters related to contract services must include the COR or a COR-designee.

5) Data Collection, Privacy, Records, and Information Security

Requirements

The Contractor must collect data regarding the FQRP cases for which it is providing representation. The data to be collected must include, at a minimum, the name and alien registration number of each FQRP Respondent being represented, and the information necessary to compile Quarterly Reports, as described below.

G. Monthly Reports. The Contractor must submit monthly program management progress reports to the COR listing the following data fields over the past month and cumulatively since the beginning of the period of performance, including (i) the number of FQRP cases submitted to the Contractor for fulfillment; (ii) the location of each FQRP case submitted to the Contractor for fulfillment; (iii) the number of FQRP cases completed, including the date of completion; (iv) the number of pending FQRP cases; and (v) other data as deemed necessary by the Contractor or the COR. Monthly reports are due 15 calendar days following the end of each month.

IV. Terms Governing the Availability of Contract Funds for Program Services

A. General Rules on Availability of Contract Funds for Program Services

1) Contract funds are specifically restricted to activities reasonably required to fulfill the contract’s requirements and to provide the program services described in this Statement of Work. Contract funds may not be used for any other purpose without the prior written authorization of the Government.

2) As a general matter, and subject to additional provisions below, including section IV.A.2.b., contract funds may be used to provide program services to FQRP Respondents whose covered immigration proceedings have not reached a final administrative order or determination.

a. An order or determination becomes administratively final upon:

(1) The expiration of the period in which DHS and/or the Respondent are permitted to seek BIA review of an immigration judge order (30 calendar days from the date of initial entry of the order); or

(2) A final BIA determination on an appeal of an order or determination by the immigration judge.

b. As provided in section III.A.4. above, in the event that there is a final administrative order or determination in a case where a Qualified Representative has already been appointed, the Qualified Representative is permitted to continue representation in matters before USCIS until those matters are completed.

c. The COR may approve the use of contract funds past the date on which an order or determination becomes administratively final upon a showing by a Qualified Representative of exceptional circumstances warranting the continuation of program funding. Qualified Representatives must receive written approval from the Government before using contract funds in cases that are not subject to the provisions below in which an order or determination has become administratively final.

B. Availability of Contract Funds Upon a FQRP Respondent’s Release from

DHS Custody

1) Contract funds may continue to be used to provide program services until the issuance of a final administrative order or determination in covered immigration proceedings, regardless of that FQRP Respondent’s detention status.

C. Availability of Contract Funds Where FQRP Respondent Remains in DHS

Custody Subject to Final Administrative Order

Where a FQRP Respondent is subject to a final administrative order and remains in DHS custody, contract funds are available to provide program services to that FQRP Respondent for up to 90 calendar days following the initial entry of that final order.

1) This provision, however, does not limit the availability of contract funds under section III.A.1.b., above (concerning post-order custody redetermination or review proceedings before EOIR).

2) If at any time, however, such a FQRP Respondent is released from DHS custody, the terms of section IV.B., immediately above, govern the availability of contract funds.

D. Availability of Contract Funds Where Motion to Withdraw Is Denied

1) Nothing in this Statement of Work requires a FQRP Respondent’s

Qualified Representative to move to withdraw for any reason.

2) In any case, however, where a FQRP Respondent’s Qualified Representative has moved to withdraw from representation before the immigration court or BIA, and that motion is denied on the merits, contract funds will remain available to provide program services to that FQRP Respondent, regardless of that FQRP Respondent’s DHS custody status, unless and until:

a. A motion to withdraw in the same matter is later granted;

b. A motion for substitution of counsel by another legal representative (not provided through this contract) in the same matter is later granted;

c. The FQRP Respondent’s immigration proceedings reach a final administrative order or determination (except as program services are required under section III.A.1.b., above);

d. Program services are otherwise completed or terminated.

E. Availability of Contract Funds Where There is an Entry of Appearance or Substitution of Counsel By Another Legal Representative Not Provided Through This Contract

Contract funds may not be used to provide program services to a FQRP Respondent in any immigration proceedings in which there is an entry of appearance or substitution of counsel by another legal representative (not provided through this contract) in the same proceeding, and which entry of appearance or substitution of counsel is accepted by the immigration judge or BIA.

F. Availability of Contract Funds and Administrative Closure

Contract funds may be used to continue providing program services to any FQRP Respondent whose immigration proceedings outlined in section III.A.1.a.-d. above are administratively closed, where such services directly relate to those proceedings.

V. Termination of the Contract

Breach by the Contractor

In the event the Government finds that the Contractor has materially failed to comply with any provision of this Statement of Work (excluding reasonable actions or inactions by a Qualified Representative based on the Qualified Representative’s duty to exercise independent professional judgment and to provide independent, zealous and competent representation), the Contractor will be promptly notified in writing of the identified deficiency along with any remedial suggestions the Government may have. Upon such notice, the Contractor will have 30 calendar days to respond to and/or remedy the deficiency before any further action is taken by the Government.

The Government will notify the Contractor, within seven (7) business days of any response or attempt to remedy, as to whether the Contractor’s performance remains deficient. If, after the Contractor has had an opportunity to respond and/or remedy the deficiency, the Government finds that the Contractor has materially breached this contract, the Government may, in its discretion, terminate the Contract.

VI. Contractor Conflict of Interest

The Contractor must notify the Government in writing of any conflicts of interest held by the Contractor, its sub-contractors, and/or its agents and representatives within 24 hours of its determination of the existence of the conflict(s) of interest.

VII. Contractor Performance Problems

The Contractor must as soon as possible report to the Government any problems, impediments, or difficulties that arise related to the performance of this SOW and will consult with the Government regarding resolution of such problems, impediments, or difficulties. Nothing in this section requires the Contractor or its subcontractors to breach any ethical obligation the Contractor or its subcontractors may have to withhold privileged or protected or other confidential information.

VIII. Provisions Governing Contractor Travel

A. No Reimbursement for Local Travel; Reimbursement for Long-Distance

Travel

Local travel, defined as travel within fifty (50) miles of the applicable primary place of performance (i.e., the immigration court with venue over the FQRP Respondent’s case or the FQRP Respondent’s custody location, as specified in each case), will not be reimbursed. In the event, however, that services are required to be performed more than 50 miles from this location, the Contractor must be reimbursed for any actual travel costs reasonably necessary to carry out the terms of this contract. The Contractor should make reasonable efforts to assign a Qualified Representative who will not require reimbursement for travel.

B. Requirements for Reimbursement for Long-Distance Travel

1) All reimbursable long-distance travel must be reimbursed at the GSA rate

(https://www.gsa.gov/travel/plan-book/per-diem-rates) and approved in advance, in writing, by the COR. The COR will approve or deny travel requests and respond within 5 business days of the request. All travel requirements must be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit, to the COR, a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to permit use of offered discount rates. Individual travel authorization letters may be provided to the Contractor (for all Contractor personnel who are required to travel) which may allow Contractor personnel to receive Government rates when on long-distance travel.

2) The Government encourages advance airfare purchases to take advantage of discounts. If a particular trip is canceled or travel dates are changed due to the Government’s actions, the Government will, absent special circumstances, pay airline cancellation charges or airline charges for changes in the travel dates.

IX. Services and Prices

A. Firm-Fixed Price

1) The Contractor must provide the program services in this Statement of Work to the Baseline Caseload for a Firm-Fixed Price.

2) The Firm-Fixed Price includes all costs required to provide program services to the Baseline Caseload (including all legal services provider costs, incidental case costs, and all third-party costs (experts, interpreters, etc.), and also includes the Contractor’s costs and Other Direct Costs (ODC)).

B. Baseline Caseload

1) The Baseline Caseload for 08/01/25 - 07/31/26 is estimated at 780 total FQRP cases:

a. 580 estimated FQRP cases currently open as of 08/01/2025;

b. 200 estimated new FQRP cases assigned between 08/01/25 - 07/31/26.

*****END OF FQRP STATEMENT OF WORK*****