DRAFT RFP 75ACF123R00004_PRLS.docx

POST RELEASE LEGAL & RELATED SERVICES SOLICITATION NO. 75ACF123R00004

This DRAFT RFP is subject to change upon release of the official combined synopsis/solicitation. The date of the official combined synopsis/solicitation release is not yet known. If you have any questions, then please email them to both Aleshia Brooks (aleshia.brooks@acf.hhs.gov) and Drena Vining (drena.vining@acfh.hhs.gov) with “Post Release Legal Services Draft RFP Questions” in the subject line.

The solicitation will be full and open competition in accordance with FAR Parts 12, Commercial Items, FAR Part 15, Contracting by Negotiation, and FAR Part 16.5, Indefinite-Delivery Contracts. The Government anticipates awarding multiple, Firm-Fixed Price (FFP), Indefinite Delivery Indefinite Quantity (IDIQ) contracts from this solicitation. The first Task Order for each IDIQ contract will also be issued at the time of award. The associated North American Industrial Classification System (NAICS) code for this procurement is 541110, Offices of Lawyers. The PSC is R418, Support – Professional: Legal.

SECTION A - SOLICITATION/CONTRACT FORM

TABLE OF CONTENTS

A

SOLICITATION/CONTRACT FORM

B

SUPPLIES OR SERVICES AND PRICES/COSTS

C

PERFORMANCE WORK STATEMENT

D

PACKAGING AND MARKING

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

H

SPECIAL CONTRACT REQUIREMENTS

I

CONTRACT CLAUSES

J

LIST OF ATTACHMENTS

K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

M

EVALUATION FACTORS FOR AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BRIEF DESCRIPTION OF SERVICES

This requirement is for a Multiple-Award Task Order Contract for Firm, Fixed-Price Legal & Related Services, for Unaccompanied Children (UC) Post-Release from the Office of Refugee Resettlement (ORR) care and custody.

B.2 BRIEF DESCRIPTION OF SUPPLIES – N/A

B.3 TYPE OF CONTRACT

The Government contemplates award of multiple, firm fixed-price services IDIQ contracts, each containing a one-year base and four, one-year options. The Government intends to award multiple IDIQ contracts, the number of which depends on the quality of proposals received.

B.4 TYPE OF ORDERS INDEFINITE DELIVERY INDEFINTE QUANTITY (IDIQ)

Task Orders issued under these IDIQ contracts shall be fixed-priced. The Government anticipates issuing task orders that will include per case price for all required legal services, a NTE travel amount, and a monthly price for all non-case related services required. The first Task Order will be issued with each awarded IDIQ contract.

B.5 MINIMUM AND MAXIMUM QUANTITIES (IDIQ)

The minimum guarantee for each contract will be $1,000,000.00 over the entire contract term/period. A combined maximum ceiling of $900,000,000.00 is established as the cumulative total of all orders, across all awarded contracts.

B.6 TASK ORDER LINE-ITEM PRICING SCHEDULE

a. The price for each task order will be based on the unit prices listed in the Schedule below for each period of performance as negotiated and agreed to at the time of contract award.

b. Task Orders will not be separately priced.

c. ORR plans to fund 12,000 cases across all awarded contracts in the base year. The number of cases awarded in option years will depend upon UC need and ORR funding. The per case price should be priced accordingly for each period of performance.

BASE – Date of Award through One Year

OPTION PERIOD 1 – Date Exercised through One Year

Services

OPTION PERIOD 2 – Date Exercised through One Year

OPTION PERIOD 3 Date Exercised through One Year

OPTION PERIOD 4 – Date Exercised through One Year

THIS SOLICITATION IS UNRESTRICTED

(End of Section B)

SECTION C – PERFORMANCE WORK STATEMENT (PWS)

1. DESCRIPTION OF SERVICES:

1.1. Introduction: Post-Release Legal Services for the Office of Refugee Resettlement, Unaccompanied Children Program.

The purpose of this Contract is to secure contractor support to provide legal services for unaccompanied children post-release from Office of Refugee Resettlement (ORR) care and custody, who are not otherwise receiving immigration and related legal services. Section 462(g)(2) of the Homeland Security Act, 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 shall expand the number of unaccompanied children who have access to legal representation, as part of ORR’s goal of ensuring all unaccompanied children have access to immigration legal services.

Contractors shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the required services of the Post-Release Legal Services (PRLS) for Unaccompanied Children initiative , as defined in this Performance Work Statement (PWS), except for those items specified as government furnished property and services. The Contractors shall perform to the standards in this contract.

1.2 Background:

ORR’s Unaccompanied Children Program (ORR/UCP) provides temporary shelter care and child welfare-related services to unaccompanied children 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, 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 representation for unaccompanied children who have been released from ORR and are now living with their sponsors or otherwise living in community in the United States.

Recipients funded under the PRLS initiative must comply with applicable state licensing requirements, pertinent federal laws and regulations; and all ORR policies and procedures, including, but not limited to, the ORR UC Program Policy Guide and the UC Program Field Guidance, both as written on the effective date of the award and as amended subsequent to the effective date. Accordingly, recipients must also implement internal policies and procedures for the prompt dissemination, training, and implementation of new or updated ORR policies, procedures, and field guidance.

1.3. Objectives:

The objectives of this effort are:

1. Conduct needs assessment of immigration legal services needs for unaccompanied children.

2. Provide immigration legal services to unaccompanied children released from ORR in immigration proceedings and related petitions for immigration relief.

3. Assist in applying for work authorization for unaccompanied children, if applicable.

4. Provide direct legal services to unaccompanied children released from ORR in applications for custody, guardianship, or equivalent petitions before state courts.

5. Recruit, train, and retain legal services and support staff.

6. Oversee and coordinate qualified pro bono representation and related services for eligible, assigned unaccompanied children in their immigration proceedings.

7. Organize and coordinate a process by which ORR-funded unaccompanied children’s programs, including Post-Release Services, can refer unaccompanied children released from ORR immigration legal assistance.

8. Organize and coordinate an outreach program to identify eligible unaccompanied children and inform them about the opportunity for legal assistance under this initiative.

9. Provide and/or facilitate learning and development trainings to immigration attorneys and other legal services staff on legal representation for unaccompanied children.

10. Provide reporting to ORR on service provision under this initiative.

11. If requested by the Government, develop a process to report metrics to ORR.

12. Create and execute a transition plan.

1.4. Scope:

Under this initiative, the selected Contractors will provide immigration and related legal services to unaccompanied children released from ORR custody that are not otherwise receiving immigration and related legal representation. This contract does not cover representation for unaccompanied who are still in ORR care in the Unaccompanied Children Program or in the Unaccompanied Refugee Minor Program. Legal representation must be initiated before the unaccompanied child turns 18 years old; however, service provision may continue after the child’s 18th birthday, until the case is concluded. An unaccompanied child’s immigration case is considered concluded when:

1. The child receives immigration status; or

2. The child receives a final order of removal; or

3. The child voluntarily chooses to disengage from legal services. Disengagement means that the child has either:

a. Affirmatively and voluntarily attested to their desire to end services; or

b. Has not responded to any communication for at least six months or more.

If the child relocates and the representation has not concluded, the Contractor is expected to continue representation, whether remotely or by placing the case with a local provider within six months of the child relocating. If the Contractor cannot continue representation remotely or place the case with a local provider, the Contractor must alert the Contracting Officer’s Representative (COR), and it may result in a return of funds for that portion of the case that was not completed.

Legal services include representation before the Executive Office for Immigration Review (EOIR) and assistance completing petitions for affirmative immigration relief to USCIS and related petitions before state courts. To facilitate service delivery, the Contractors will use Contract-funded attorneys, volunteer pro bono attorneys, and other legal representatives to serve unaccompanied children released from ORR custody. Contractors will offer representation to unaccompanied children based on a universal representation model, meaning that Contractors will not deny representation based on the perceived likelihood of success in the unaccompanied children’s legal case.

In addition to providing legal services, the Contractors will provide data collection, reporting, and analysis to ORR on legal service delivery and gaps in legal services for UC, as described in Section 1.5. Specific Tasks.

Unaccompanied children come from all over the world, with the majority from El Salvador, Honduras, Guatemala, and Mexico. Many unaccompanied children have faced traumatic situations in their home countries, such as dire poverty, violence, torture, gang recruitment and exploitation, human trafficking, domestic violence, abuse, and/or neglect. Some unaccompanied children are also very young, have little or no formal education, and are primarily non-English speaking. Therefore, the Contractors must use developmentally appropriate and culturally responsive techniques and methods to assist unaccompanied children navigating the complex immigration system, to the extent practicable.

This effort will cover unaccompanied children released in the United States.

Please see list of where unaccompanied children have been reunified, in previous fiscal years:

https://www.acf.hhs.gov/orr/grant-funding/unaccompanied-children-released-sponsors-state

1.5. Specific Tasks:

1. Conduct needs assessment of immigration legal services needs for unaccompanied children.

Expected Outcome: Within 60 days of contract award, Contractors will conduct a preliminary needs assessment to determine the existing immigration and related legal services available to eligible unaccompanied children and identify gaps in service provision. This will include a landscape analysis, using market mapping, to identify all other nonprofit organizations, states, and local government providing legal services to the target population. The needs assessment will inform the provision of services under the PRLS initiative, to ensure the effort is targeting unaccompanied children who need covered legal services and is not duplicative of other funding streams for legal services for this target population. The needs assessment must be updated on a biannual basis.

2. Provide immigration legal services to unaccompanied children released from ORR in immigration proceedings and related petitions for immigration relief.

Expected Outcome: Contractors will provide direct representation to unaccompanied children released from ORR custody. Contractors will provide representation before EOIR and USCIS, and in related immigration petitions. This includes areas falling under the jurisdiction of immigration judges, as defined in the Immigration Court Practice Manual, Chapter 1, Section 1.4 Jurisdiction and Authority, and in other areas where the unaccompanied child may seek adjustment of status allowing them to obtain temporary or permanent lawful status in the United States. Covered activities include adjustment of status based in U.S. law such as obtaining Special Immigrant Juvenile Status (SIJS), T and U T nonimmigrant statuses (T and U Visa), self-petitions under Violence Against Women Act (VAWA), deferred action, relief based on activities related to acting as a material witness, and other immigration-related forms of asylum and family-based petitions for which unaccompanied children may be eligible, as well as any appeals of immigration decisions.

3. Assist in applying for work authorization for unaccompanied children, if applicable.

Expected Outcome: Contractors will provide direct representation and assistance to eligible unaccompanied children in applications for employment authorization.

4. Provide direct legal services to unaccompanied children released from ORR in applications for custody, guardianship, or equivalent petitions before state courts.

Expected Outcome: Contractors will provide direct representation to unaccompanied children released from ORR in state court in custody, guardianship, or equivalent petitions, if necessary for the child’s immigration case. Contractor may also provide direct representation to unaccompanied children in adoption proceedings, if necessary for the child’s immigration case.

5. Recruit, train, and retain legal services and support staff.

Expected Outcome: Contractors will recruit, train, and retain sufficient qualified legal services staff and support staff.

6. Oversee and coordinate qualified pro bono representation and related services for eligible, assigned unaccompanied children in their immigration proceedings

Expected Outcome: Contractors shall maximize the use, including identification, training, and deployment, of volunteer attorneys and non-attorneys wherever possible for both representational and nonrepresentational legal services under this contract for eligible unaccompanied children released from ORR custody, as appropriate to any given service or child. Contractors shall build and maintain a roster of attorney and non-attorney volunteers who can undertake legal services with the Contractors’ mentorship, as required, for any children or cases suitable for pro bono involvement.

Contractors shall screen and regularly update the screening of each volunteer to ensure they meet appropriate standards for undertaking activities under the contract. Contractors shall assess prospective pro bono attorneys’ skills, experience, availability, and interest in working with children. Contractors shall also confirm with state licensing authorities that any prospective pro bono attorney is licensed to practice law and in good standing with the bar of the relevant U.S. state and/or territory and that the attorney is not, and has not been, subject to any disciplinary matters that call into question one’s fitness to represent children in their immigration case.

7. Organize and coordinate a process by which ORR-funded unaccompanied children’s programs, including Post-Release Services, can refer unaccompanied children released from ORR custody for immigration legal assistance.

Expected Outcome: The Contractors will develop a process to allow ORR and ORR-funded programs to make referrals for eligible unaccompanied children to receive legal representation through this initiative. This referral process should also be accessible to unaccompanied children, allowing them to request legal assistance. The contractor will maintain and check a centralized email box, to accept referrals for legal services. The contractor will also share information on how to request legal assistance on a public facing platform, such as a webpage. Contractors will coordinate with ORR and other ORR-funded programs, including legal services, to avoid duplication of efforts.

8. Organize and coordinate an outreach program to identify eligible unaccompanied children and inform them about the opportunity for legal assistance under this initiative.

Expected Outcome: Contractors will develop and execute an outreach plan to proactively identify released unaccompanied children who are eligible for legal representation and not otherwise receiving covered legal services. Contractor will provide the outreach plan to ORR within 60 days of the award and the outreach plan shall be updated on an annual basis. Contractors will work with ORR, and other government agencies such as EOIR, and community-based groups, such as schools, service providers, religious institutions, etc., to help eligible unaccompanied children learn of the opportunity for legal representation under this effort. Contractor will use innovative outreach and communication methods that are targeted toward the population and will ensure that communication is in the languages spoken by unaccompanied children, written in plain language and age appropriate.

9. Provide and/or facilitate learning and development trainings to immigration attorneys and other legal services staff on legal representation for unaccompanied children.

Expected Outcome: Contractors will provide learning and development opportunities for immigration attorneys and other legal services staff in its network to develop expertise in representing released unaccompanied children. Learning and development opportunities should include trainings on immigration law, cultural responsiveness, and child-friendly and trauma-informed service provision. Contractors will also develop tools, such as quick reference guides and written materials, to distribute to their network and unaccompanied children, as relevant.

10. Provide reporting to ORR on service provision under this initiative.

Expected Outcome:

Data tracking metrics

The Contractors are required to track and report the following data. Unless otherwise specified, the data shall be anonymized:

· Referrals:

· The number of referrals received.

· The number of referrals accepted.

· Whether the referral was made by an ORR-funded provider (and if so, the name of the provider) or otherwise, and

· Whether the referral was placed with an attorney. If the referral was not placed with an attorney, the Contractors must track and report on the reason why the case was not placed.

· New cases opened, distinguishing between cases placed with contract-funded and pro bono attorneys.

· Number of cases closed and disposition of each case at closing, including whether the child received legal relief (and if so, what type of relief was granted) and explanation of why case was closed (e.g., relief granted, child voluntarily disengaged services, final order of removal, or other).

· Number of legal filings, disaggregated by type of filing (e.g., Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, I-589, Application for Asylum and for Withholding of Removal, etc.); and

· Number of asylum office interviews and court appearances, disaggregated by location of the appearance (e.g., the name of the asylum office or immigration court) and type of appearance (e.g., asylum interview or Master Calendar Hearing (MCH)).

Data will be entered into a template, developed by the government, with the input of the Contractors, within 30 days of case event. Data will be available to ORR monthly or upon request. When and/or if the government exercises the option to have the Contractors design a data reporting system using SmartSheetGOV, then reporting shall be entered in that system, as specified in Objective 11.

Reporting:

Monthly report

· In addition to the submissions above, the Contractors shall submit to the COR a written monthly progress report by the 20th calendar day of every month that summarize the status of project activities and accomplishments, any potential issues and risks that may cause a delay in performance and the proposed corrective action to be taken. These monthly reports must detail past-month and cumulative spending by task and spending projections by task for the remainder of the project. The format of this report, frequency, and content of the progress reports may be modified at the COR discretion.

The monthly report should also include aggregate and anonymized data on:

· Summary of work under contract in the previous month.

· Legal relief eligibility for cases screened in the previous month.

· Challenges and opportunities to completing Section 1.3 Objectives under the Contract.

· Analysis and suggestions about best practices and innovations in service delivery to this population, as relevant.

· Other qualitative information requested by ORR.

Biannual report

· The total number of new direct representation cases initiated in the past six months, broken out by month.

· The total number of cases worked on during the past six months (including cases carried over from previous reporting periods).

· The number of pro bono attorney volunteers supporting unaccompanied children’s cases under this contract, and their capacity to receive new referrals; and

· The needs assessment update.

Annual report

· The total number of new direct representation cases initiated in the past year, broken out by month.

· The total number of cases worked on during the past year (including cases carried over from previous reporting periods).

· Updated outreach plan.

· Analysis and suggestions about best practices and innovations in service delivery to this population, as relevant.

· Other qualitative information requested by ORR.

This data will be used to guarantee best service delivery under this contract.

11. An optional task to develop a process to report metrics to ORR.

If requested by ORR, the Contractors will build a data reporting system using SmartSheet GOV or another software for reporting the data tracking metrics that are identified under Objective 10. The Contractors shall ensure that any system(s) developed through this contract qualify for the Administration for Children and Families (ACF) Fast Authorization to Operate (ATO) Moderate Process, as detailed below. The Contractors shall work with the ACF Office of the Chief Information Officer (OCIO) to select a platform that has already been issued an ACF ATO on which to build the system (example SmartSheet GOV). The Contractors shall supply all necessary resources for the development, testing, and operation of the system and shall also supply and maintain all necessary software licenses and/or term subscriptions required for operation and use of the system for the duration of this contract.

Fast ATO Moderate:

· The System or COTS Software used by the system must have an ATO issued by another ACF or HHS Operating Division, or another Federal Agency.

· The System must be a low or moderate categorized system based on the E-Auth Categorization form.

· System(s) must be internally hosted by ACF either on-prem in the ACF Parklawn GSS, in the ACF AWS GSS, or in a FedRAMPed certified environment. This allows use of inheritable controls. Some work statements on the self-assessment of non-inheritable controls would still need to be done.

· Externally hosted systems do not meet the above criteria.

12. Create and execute a 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 than 120 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.

2. GENERAL INFORMATION:

2.1. Hours of Operation:

The Contractors are responsible for conducting business between the hours of 9-5pm Monday through Friday except Federal holidays. The Contractors must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractors shall keep in mind that the stability and continuity of the workforce are essential.

2.2. Recognized Holidays:

Federal legal holidays found at: http://www.opm.gov/operating_status_schedules.

· New Year’s Day

· Labor Day

· Martin Luther King Jr.’s Birthday

· Columbus Day

· President’s Day

· Veteran’s Day

· Memorial Day

· Juneteenth

· Thanksgiving Day

· Independence Day

· Christmas Day

2.3. Place of Performance:

The work to be performed under this contract will primarily be performed at the Contractors’ offices, but also at immigration court, asylum offices, state court, and other locations, as necessary.

2.4. Period of Performance:

This Contract anticipates a five (5) year period of performance with a 12-month base period and four (4), 12-month option periods. Option periods are subject to availability of funds, and the Government may exercise options unilaterally.

· BASE: September 30th, 2023, through September 29th, 2024

· OPTION PERIOD ONE (1): September 30th, 2024, through September 29th, 2025

· OPTION PERIOD TWO (2): September 30th, 2025, through September 29th, 2026

· OPTION PERIOD THREE (3): September 30th, 2026, through September 29th, 2027

· OPTION PERIOD FOUR (4): September 30th, 2027, through September 29th, 2028

2.5. Type of Contract:

The Government contemplates award of a firm fixed-price services type of contract, containing a one-year Base, plus four (4) additional one-year options.

2.6. Confidentiality and Nondisclosure of Information.

Any information provided to the Contractor (and/or 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 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 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 in accordance with 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:

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

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

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

2.7. Quality Control:

The Contractors shall develop and maintain an effective Quality Control Program (QCP) to ensure services will be/are performed in accordance with this PWS. The Contractors shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which the Contractors assures that the work complies with the requirement of the contract. The Contractor’s QCP is to be delivered with the Contractors proposal. After acceptance of the QCP the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to the Quality Control system. Contractors shall provide ongoing monitoring and quality improvement to identify areas of growth and ensure accountability for service delivery.

2.8. Quality Assurance:

The Government shall evaluate the Contractors’ performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

2.9. Special Qualifications:

Contractors must have experience in the provision of legal services, specifically immigration legal services, and must demonstrate knowledge of and familiarity with immigration law. Contractors must employ, or subcontract with, legal service providers who are licensed to practice law in the State in which UC legal services are needed.

In order to effectively implement these services, Contractors, as well as any subrecipient(s), must have prior experience in the provision of services to foreign-born immigrant children and families, and more specifically, with individuals who may not have legal status in the U.S. Possessing expertise serving unaccompanied children and/or similarly situated at-risk, minor and/or migrant populations is critical to the success of this effort. In addition, Contractors are required to have staff that are highly proficient in Spanish or must have access to qualified interpreters, who are bilingual in English and Spanish, and must have access to other language speakers or interpreters in the event that an unaccompanied child speaks a language other than Spanish.

The Contractors shall deploy in-person and remote services (as appropriate) using various assistive devices. Contractors will ensure that services can be provided to unaccompanied children throughout the United States. Partnerships with local, regional, and national legal and social service organizations including universities, educational institutions, and alumni associations is highly encouraged.

The successful Contractors will draw on existing volunteer, pro bono legal services networks, and develop an effective recruitment and retention strategy designed to grow and expand the network of volunteer and pro bono representatives without direct ORR funding to service unaccompanied children released from ORR custody.

Contactors funded under this project must comply with Title IV of the Civil Rights Act of 1964 (as clarified in Executive Order 13166) and Title V of the Rehabilitation Act of 1973, which prohibit discrimination based on language ability and disability.

2.10. Post Award Conference/Periodic Progress Meetings:

The Contractors agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

During the Post Award Conference, ACF OCIO staff will provide an overview of the ACF OCIO Intake Request Form used to formalize/start the ACF OCIO Governance Framework requirements. The Contractor shall complete an ACF OCIO Intake Request Form within 5 days after Orientation Meeting and submit it to the ACF OCIO Portfolio Management and Governance Division, ACF-OCIO-Project-Intake-Request@acf.hhs.gov." in 2.10 Post Award Conference/Periodic Progress Meetings, page 11 in PWS.

2.11. Contracting Officer Representative (COR):

The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The 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 the Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

2.12. Key Personnel:

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

The following Key Personnel positions are full-time, regardless of the numbers of cases.

Program Director

· Manages legal services project to ensure work products and deliverables meet ORR requirements. Supervises senior staff. Maintains current knowledge of all relevant laws, policies, and procedures related to this work. Acts as Point of Contact and liaison for government and other stakeholders. Works with senior staff to identify risks and opportunities related to implementation of the required contract work.

Required skills:

· Minimum Education: Juris Doctor (J.D.) degree, at least eight years of experience in their field, of which a minimum of at least three years programmatic and/or budgetary management and three years includes postgraduate direct service delivery work with youth and trauma-informed care.

Administrative Director

· Responsible for overseeing referrals and coordination on legal services. Acts as Point of Contact and liaison for government and other stakeholders on programmatic questions regarding referring cases for representation. Ensures that eligible unaccompanied children are offered legal representation and that there is no duplication of effort.

Required skills:

· Minimum: Master’s degree or equivalent in a relevant field. Must have at least five years of experience in data management and oversight. Must be willing to undergo background checks and/or security clearances, if needed, to access ORR databases for the purposes of accessing UC contact information to make referrals for legal services.

Project Coordinator

· Oversees direct implementation of project deliverables. Point of Contact for paralegals, attorneys, and interpreters/translators in assigned areas. Maintains current knowledge of all relevant laws, policies, and procedures related to this work. Monitors cases and ensure that all tasks are completed, and deadlines met. Work collaboratively with the team to assist in identifying training needs for legal service providers and informing training and technical assistance development and implementation.

Required skills:

· Minimum Education: Juris Doctor (J.D.) degree, at least five years of experience in their field, of which a minimum of at least two years programmatic and/or budgetary management and three years includes postgraduate direct service delivery work with youth and trauma-informed care.

Management and Evaluation Associate

· Oversees program quality efforts to ensure fidelity to project goals. Works collaboratively across the project team with a focus on continuous quality improvement and reporting. Provides reports to senior leadership on risks and provides guidance on how to ensure improvement. Conducts site visits to monitor service delivery.

Required skills:

Master’s degree or equivalent in relevant field. At least at least five years of experience in monitoring and evaluation and/or continuous quality improvement and reporting.

2.13. Identification of Contractor Employees:

All contract personnel attending meetings and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

2.14. Contractor Travel

Contractors’ service delivery model must include at least one office, with staff based locally. Services should primarily be delivered at the Contractors’ offices or via video conference. Travel expenses for legal representatives, attorneys, and interpreters to attend immigration hearings or asylum interviews, if being held in person, will be covered. Contractor will be authorized travel expenses consistent with Department of Health and Human Services (HHS) regulations and the limitation of funds specified in this contract.

2.15. Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as they deem necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.16. Phase In/Phase Out Period:

To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the 30-day phase in/phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

None provided.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1. General:

The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Materials:

The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

5. ADDITIONAL HSPD-12 REQUIREMENTS

To perform the work specified herein, contractor personnel will require access to proprietary, privacy protected and/or sensitive data, regular access to HHS-controlled facilities and/or access to HHS information systems. In addition to requirements stated elsewhere in this contract, the contractor shall comply with the following.

Contractor personnel subject to HSPD-12 credentialing requirements may not begin work requiring access to HHS facilities, information or information systems until codified credentialing standards are met and the HSPD12 badges have been issued.

The minimum Government investigation to receive an HSPD-12 PIV Credential is a Tier 1 (NACI), which consists of searches of records covering specific areas of a person’s background during the past five years. The minimum Government investigation to receive Elevated Privilege (any access beyond normal email or data entry) is a Tier 4 (BI High Risk Public Trust).

The contractor must comply with the instructions and timeframes provided by the Contracting Officer’s Representative (COR) regarding the handling of the security requirements specified in this section. Typically, each employee must submit at a minimum: a completed OF-306; a current resume; and a completed HHS 828 form. Additional requirements may apply to Foreign National Applicants who will follow a slightly different level of initial checks. Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. In some cases, employees with existing background investigations commensurate with sensitivity designations will expedite performance. Inquiries, including requests for forms and assistance, should be directed to the COR.

Typically, the Government investigates personnel at no cost to the contractor, but the expense of multiple investigations for the same position is difficult to justify. Consequently, multiple investigations for the same position may, at the Contracting Officer’s discretion, justify reduction(s) in the contract price of no more than the cost of the extra investigation(s).

After final acceptance of the work specified herein or any employee departure, the contractor shall follow the COR’s instruction on the return of all identification badges, building access cards, Government Furnished Equipment, Government Furnished Data and Government Furnished Property (GFE/GFD/GFP) as applicable.

HHS reserves the right to suspend or withdraw access at any time for any reason.

Language similar to this Security section shall be included in any subcontracts which require access to proprietary, privacy protected and/or sensitive data, regular access to HHS-controlled facilities and/or access to HHS information systems.

6. QUALITY ASSURANCE SURVEILLANCE PLAN

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 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). The QASP may be updated by modification to the contract.

7. HHS SECTION 508 AND ACCESSIBILITY STANDARDS

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities.

All products, platforms and services delivered as part of this work statement that are ICT, or contain ICT, must conform to the Revised 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, B, C & D, and available at https://www.access-board.gov/ict/.

All requirements are applicable to support services and documentation deliverables. All functional performance criteria apply when using an alternative design or technology that achieves substantially equivalent or greater accessibility and usability by individuals with disabilities, than would be provided by conformance to one or more of the requirements in Chapters 4-6 of the Revised 508 Standards, or when Chapters 4-6 do not address one or more functions of ICT.

Prior to acceptance of deliverables, the contractor must demonstrate conformance to the HHS Section 508 requirements via HHS Section 508 checklist(s) (https://www.hhs.gov/web/section-508/accessibility-checklists/index.html). The government reserves the right to perform testing on required ICT items to validate the contractor’s Section 508 conformance claims. If the government determines that Section 508 conformance does not meet the HHS Section 508 requirements, the government shall, at its option, require the contractor to remediate the item, at no additional cost to the government, to align with the HHS Section 508 conformance requirements prior to acceptance.

References:

· Section 508 Standards: https://www.access-board.gov/ict/

· HHS Policy on Section 508 Compliance and Accessibility of Information and Communications Technology (ICT): https://www.hhs.gov/web/governance/digital-strategy/it-policy-archive/hhs-policy-section-508-compliance-accessibility-information-communications-technology.html HHS Accessibility and Section 508 Compliance Checklists: https://www.hhs.gov/web/section-508/accessibility-checklists/index.html

11. IT SECURITY REQUIREMENTS

Baseline Security Requirements Applicability. The requirements herein apply whether the entire contract or order (hereafter “contract”), or portion thereof, includes either or both of the following:

Access (Physical or Logical) to Government Information: A Contractor (and/or any subcontractor) employee will have or will be given the ability to have, routine physical (entry) or logical (electronic) access to government information as required to perform their work. Access is contingent upon positive adjudication of background check.

Operate a Federal System Containing Information: A Contractor (and/or any subcontractor) will operate a federal system and information technology containing data that supports the ACF mission. In addition to the Federal Acquisition Regulation (FAR) Subpart 2.1 definition of “information technology” (IT), the term as used in this section includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

Safeguarding Information and Information Systems. In accordance with the Federal Information Processing Standards Publication (FIPS) 199, Standards for Security Categorization of Federal Information and Information Systems, the Contractor (and/or any subcontractor) shall:

Protect government information and information systems in order to ensure:

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

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

· 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 ACF regardless of…