DRAFT SOW FOR DOJ EOIR CERT AND FOIA.pdf

U.S. Department of Justice Certification of Records and FOIA Copying Services

U.S. Department of Justice

Executive Office for Immigration Review

DRAFT

Statement of Work

Certification of Records and FOIA Copying Services

Statement of Work

1.0 Introduction

This Performance Work Statement (PWS) establishes Certification of Records and FOIA

Copying services including court reporting required by the United States Department of Justice

(DOJ) Executive Office for Immigration Review (EOIR).

2. Background, Scope, and objectives.

2.1 Background

The Executive Office for Immigration Review (EOIR) is the component of the U.S. Department of Justice (DOJ) that conducts immigration proceedings. The Board of Immigration Appeal (BIA) is a component of EOIR and performs administrative review of immigration proceedings. The

Office of the General Counsel (OGC), a component of EOIR, represents EOIR and its Director.

The Office for Immigration Litigation (OIL), a separate component of the DOJ, litigates immigration-related matters before the federal courts.

2.1.1 Certification:

When the BIA and, on occasion, other EOIR decisions are litigated before the federal courts, the

Department must prepare a certified copy of the Record of Proceedings (ROPs) for presentation/submission to OIL and the reviewing federal courts. Therefore, OIL is, BIA’s internal customer and the many federal courts, throughout the country, are BIA’s external customers.

The ROP is a collective account of the proceeding. A ROP consist of paper submissions/filings, notices, decisions, and audio cassettes, when applicable. There may be other forms of submissions/filings within the ROP that will need to be certified.

EOIR is transitioning its paper ROPs to an electronic record. EOIR will require document scanning to create the electronic record; this process may be used to upload historical ROPs, as well.

The BIA is responsible for creating and providing CARs. EOIR has outsourced the certification function since 2003. The certification function is done outside of EOIR’s own office space. With the establishment of the BPA, EOIR will continue to have the certification function processed by off-site contractor staff. Records will be prepped by on-site contractor staff at EOIR. The records will be picked-up by offsite contractor staff for certification processing at the Contractor’s facility. The records will be returned to EOIR’s facility after the certification process. The final product shall also be delivered to the requesting federal court, EOIR, and vested parties by the

Contractor’s courier or FedEx delivery service from agency’s account. The COR will provide guidance if the delivery method changes. Processing information shall be generated and sent to the on-site contractor for data entry and tracking.

The Contractor shall be required to work within existing case processing norms as noted in § 1(b)

5, and address competing needs for the record, such as for subsequent motions or FOIA requests.

In addition, some federal courts require electronic copies of the Agency’s record and others are requiring traditional paper copies of the Agency’s record. The Contractor will have to be able to provide both electronic and paper copies and be capable of adapting to an electronic means of file storage and duplication, retrieval, and delivery.

2.1.2 FOIA:

The OGC is responsible for processing FOIA requests for the EOIR. The Contractor will be responsible for: transporting paper and/or media records from the OGC to the Contractor’s facility, duplicating, digitizing, converting the records into an electronic product of deliverables, and transporting the paper and/or media records to OGC, and electronic record of deliverables to the OGC and delivery of the original product of deliverables OGC.

FOIA’s requirements often require urgent production. There also may be unforeseen requirements that require immediate responses. Moreover, the workflow is not always constant;

although there are rare ebbs, there are often increased flows, which require an ability to quickly respond to fluctuations. Additionally, there may be a level of effort that requires the Contractor to manage varied types of tasks simultaneously. Historically, EOIR has experienced a FOIA workload increase of up to 20% per year and this task requires the Contractor to be able to respond to this increase.

2.2 Scope of Work

The scope of this BPA is to provide FOIA Copying and ROP Certification support services for

DOJ’s Executive Office for Immigration Review (EOIR), necessary to fulfil EOIR’s programmatic requirements. The Contractor shall provide all labor, materials, and services necessary to support EOIR as specified herein.

2.3 Objective

The objective of this Blanket Purchase Agreement (BPA) is to continue the operation of duplicating records for the higher United States Courts, fulfilling Freedom of Information Act requests, and other Agency’s record duplication needs.

3.0 Description of Requirements

The Contractor shall:

a) Provide the requested number of copies of records to the Government or its agents in hardcopy and/or electronic form, as specified by the CORs. (See SOW 3.9);

b) Provide certification processing of the records as to adhere to the standards and guidelines established by the U.S. Federal Courts and EOIR. (See SOW 3.10.1);

c) Redact information on the records copied as specified by the Government. (See SOW

3.10.2);

d) Store the copies of the records on a secure server, not connected to public networks, so as to be able to produce additional copies as requested at a later date. (See SOW 3.9);

e) Provide the copies in a format defined by the Government as outlined in the call order

SOW. The methods of delivery will be in hardcopy form, electronic form, or a combination of the two, as specified;

f) Provide additional copies of previously processed records as requested. (See SOW

3.10.2.4);

g) Provide the scanning, certifying, reproducing, converting, and/or creating searchable electronic media records;

h) Provide courier services to pick up and deliver completed work between sites on a daily basis;

i) Be capable of converting/copying four track audiocassette tapes to four track audio files on electronic media as defined by the Government;

j) Have the capability to provide the redaction of audio information from four track audio files as defined by the Government;

k) Be capable of converting four track audiocassette recordings to a digitized format chosen by Government and delivered either by physical media or by electronic transfer to

Government networks and storage;

l) Retrieve the physical tapes, convert the media, deliver the conversions, and return the original tapes; and

m) Provide on-site administrative support to the Government as it relates to the processing of the certification and FOIA requests or adjudication of matters with BIA and the OGC.

3.2 BPA Management and Staffing.

The Contractor shall provide all management, administration, staffing, planning, scheduling, etc., to ensure timely, efficient, and effective performance for all services required by this BPA and call orders. All the management and administration requirements described in this section must be provided within the parameters stated within the Pricing Table, Appendix A. These items/services are not separately billable under the BPA or any call order.

The Contractor shall establish a Program Management Office (PMO) so that necessary resources

(management, technical and financial) needed to support this BPA shall be readily available to the Government within the Washington DC Metro Area.

The Contractor’s Program Manager shall be responsible for technical and administrative performance of all services required herein. The Program Manager shall be the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The Program Manager shall receive and execute, on behalf of the Contractor, all call orders and any technical direction as provided by the CORs within the terms and conditions of the BPA. All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this BPA shall be the responsibility of the Contractor.

Program Management. Program management support to be provided by the Contractor shall include, but not be limited to, the following items:

• Supervision of its personnel and consistent and timely management of the services to be provided under this BPA. All activities associated with recruiting and hiring staff, such as screening applicants (to include security clearance requirements), interviewing, reference checking, etc. Maintaining in-house skills, teaming and/or subcontract arrangements to ensure that all staff have the requisite experience, skills and knowledge are available on short notice. On-site supervision is mandatory.

• Accepting, tracking and managing all call orders issued, in addition to, establishing task priorities, allocating resources and monitoring progress.

• Assembling billing data and billing back-up materials, including all time and materials needed for preparing any responses to Government billing rejection letters. Generating, distributing, and tracking invoices, including generating reports and responding to inquiries regarding invoice status, tracking which deliverables and/or units have been invoiced and which have not, etc.

• Tracking and reporting on Government furnished materials. The Contractor is responsible for adequate care and safekeeping of all Government furnished materials, including inventorying, safeguarding, tracking, and reporting, etc. The Contractor shall reimburse the Government for any Government furnished materials lost or stolen while in the

Contractor's safekeeping.

• All activities associated with managing subcontractors/team members, such as identifying and qualifying them, negotiating subcontracts, reviewing invoices, ensuring compliance with the security and other requirements of this BPA, etc.

• Implementing and maintaining quality assurance and quality control systems to ensure that all BPA and call order requirements are met throughout the term of the BPA.

• Monitoring service problems and keeping the CORs and Administrative Contracting

Officer informed of project status and problem resolution.

• Ensuring that all personnel comply with the security and confidentiality requirements outlined in this BPA and/or call orders.

• Ensure that deliverables are supplied to the Government, as defined in each respective call order.

• Monthly meetings with the Government CORs to review any issues or concerns. The

Contractor shall provide the Government with meeting minutes from the meeting within two business days of the occurrence. Meetings will be held at the Government’s facility.

• Bi-weekly status reports shall be submitted to the Government CORs providing a summarized list of tasks performed and metrics of records processed.

• All activities associated with management of Contractor’s facilities, including obtaining space, equipment, furniture, supplies, maintenance, etc. This includes Contractor space required for performance of functions such as scanning, coding data processing work, overall BPA management, etc.

• Ensuring facilities used for the performance of this BPA meet all security requirements outlined in this BPA and/or call orders.

• The Contractor shall be responsible for all costs associated with the PMO personnel travel to EOIR facilities, delivery of ROPs to Contractor’s facility, delivery of ROPs to EOIR, and delivery of products to EOIR and OIL.

3.3 Deliverable Requirements

The Contractor shall deliver all documents and/or reports as described within this section. The

CORs may require additional deliverables as needed during the term of the BPA, in accordance with any subsequent modification to this BPA and/or active call order.

Any issues with deliverables shall be brought to the immediate attention of the appropriate CORs, to include but not limited to deliverable delays. All contractor deliverables are property of the

Government.

The terms and delivery method for deliverables are:

Deliverables are accurate in presentation and technical content and are developed in accordance with applicable laws, regulations, policies, and procedures.

Deliverables are comprehensive and entirely developed.

Deliverables are clear, concise and without error.

All activities and associated deliverables are completed on or before specified and mutually agreed to due dates or in accordance with a later mutually agreed to scheduled date.

Hard and soft copy formats of deliverables follow specified guidance, directives, and/or policies.

Deliverables shall be considered final and/or final draft deliverables (e.g. deliverables are not to be performed ad-hoc and/or as completed unless specifically requested by the Government).

Deliverables shall undergo Quality Control checks before delivery to the Government.

Notification of deliverables shall be provided to the Government via email.

Materials returned to the Government after processing will be in the same order and condition as sent.

When permissible, deliverables shall be accompanied by a soft- copy of a cover letter. Details of cover letter will be provided by COR.

Cover letter shall be sent to the attention of the appropriate COR;

Cover letter shall indicate the formal name for the deliverable;

Cover letter shall indicate the version number of the document; and

Cover letter shall indicate the applicable call order number

Board of Immigration Appeals (Certification)

6801 Loisdale Road

Springfield, VA 22051

Or

Office of General Counsel (FOIA)

5107 Leesburg Pike, Suite 1903

Falls Church, VA 22041

All reports described in this section are considered part of the overall Project Management and are not separately billable. Costs for copying reports for distribution are not separately billable.

Reports may also be required in electronic form, as specified by the CORs.

Potential deliverables (unless otherwise noted) associated with this BPA/call orders and frequencies are listed below. This list is not all inclusive of the deliverables that may be required on this project, but is provided to draw attention to certain deliverables that shall be required:

3.3.1 One-Time Deliverables

(a) The Contractor shall implement their Management Plan immediately upon BPA establishment. The plan shall include the following:

a) Laying out and updating the organization and infrastructure the Contractor has (or proposes to put) in place to manage the day- to-day operations necessary to meet the BPA requirements, including the Contractor’s chain of command, points-of-contact, problem notification procedures and problem response times, problem escalation procedures, and any other processes or procedures the Contractor has in place to facilitate performance.

b) Establishing a Quality Assurance Plan to ensure the continuous identification, measurement, and improvement upon key operational processes through regular site inspections, meetings/conference calls, and training.

c) Emphasizing a ‘team’ approach between the Contractor and subcontractors (as applicable).

3.3.2 Yearly Deliverables. (to be cited in individual call order(s), as applicable)

3.3.3 Quarterly Deliverables (to be cited in individual call order(s), as applicable)

Summary of activities that were performed and/or occurred during the previous quarter to include, but not be limited to, a description of the effort, program impact, and cost.

Conference notes for any meetings or conference calls conducted within the previous quarter.

3.3.4 Monthly Deliverables (to be cited in individual call order(s), as applicable:

a) Documentation of monthly conference calls.

b) Spreadsheet sorted by labor hour CLIN showing the total billable hours by day for the contract staff. The spreadsheet shall have a running total for the year for each CLIN.

c) Monthly list of contractors currently working on each call order must be sent via email by the 5th of every month to each respective COR, noting any vacancies.

3.3.5 Weekly Deliverables (to be itemized in individual call order(s), as applicable)

3.3.6 Daily Deliverables

Shipment log shall have lines that reflect the CLINs being billed and the amount of units being billed under each CLIN and shall be available to the CORs in either an electronic format or hardcopy as requested by task

The units being billed under each CLIN should be reflected in a monetary value which should reflect the total daily cost.

3.3.7 Other Deliverables (to be itemized in individual call order(s), as applicable)

Staff Transition Plans. Provide written Transition Plans for Key Personnel when existing staff are no longer assigned to this BPA, or require both short and long term coverage (e.g. military service, or medical leave of absences). Staff Transition Plans are required at a minimum but are not limited to management and senior level technical positions. Staff Transition Plans should be submitted two weeks prior to removal of staff assigned to this BPA.

Financial Status Reports. On a schedule determined by the Government, the Contractor shall provide Financial Status Reports to detail the consumption of monies obligated to any awarded call order to include, but not be limited to projection of cost to be incurred. This item does not require submission via the formal BPA Deliverable requirements stated in this section, but rather shall be delivered in a format specified by the Government.

Document Management. See Section 8.

Other Documentation. EOIR may request other documentation that includes, but is not limited to:

policies, directives, manuals, orders, standard operating procedures, quality control plans guidelines, white papers, reports, and administration suggestions.

3.4 Security

Each employee of the Contractor working under this BPA is subject to the security clearance and confidentiality requirements as set forth in Section 7. Prior to assigning an employee to the BPA, the Contractor must submit for that employee the completed forms as specified in Section 7.1.4.

The Contractor is responsible for screening all prospective employees for suitability for work on this BPA. Procedures for this screening function are also provided in Section 7.1.1.6.

The Contractor shall maintain a database of all contractor and subcontractor personnel who have been subject to the security requirements of this BPA. At a minimum, the database shall include the full name, position, and location, date forms submitted to each COR, date clearance granted/denied, and clearance type. All information in the database shall be made available to each COR upon request.

3.5 Quality Control Plan

The Contractor shall be solely responsible for the quality of services provided. The Contractor shall also be liable for contractor employee negligence, breaches of confidentiality, and any fraud, waste or abuse.

The Contractor shall implement their Quality Assurance Plan(QAP) to ensure that services are completed in accordance with acceptable principles of internal control and meet acceptable levels of quality.

In the event the Contractor encounters difficulty in either meeting performance requirements, anticipates difficulty in complying with call order delivery schedule(s) or date, or has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this call order, the Contractor shall immediately notify the Contracting Officer and the CORs, in writing, giving pertinent details.

3.6 Performance Requirements

3.6.1 Performance Deadlines

For both docket management and case litigation reasons, the federal courts and OIL require a quick turnaround time on certification requests. It is critical that the following deadlines be met:

Recording certification requests and requesting ROPs from various locations within 24 hours from the time the request is received;

Expedited requests - certification turnaround time is within one business day from the time the

Contractor receives the request and the ROP from EOIR;

Accelerated requests - certification turnaround time is within three business days from the time the Contractor receives the request and ROP from EOIR;

Priority requests - certification turnaround time is within 7 calendar days from the time the

Contractor receives the ROP; and

Regular requests - certification turnaround time is within 14 calendar days from the time the

Contractor receives the ROP.

3.6.1.1 Performance Standard

Documents shall be accurately and consistently logged for management tracking and control purposes. Files shall be properly organized prior to duplication. Complete and exact duplicates of the ROPs shall be made. File indices shall be 100% accurate to the contents of the CAR.

Inaccurate indices shall be corrected by the Contractor at no additional cost to the Government.

The deadlines must be met with 100% accuracy.

Documents shall be accurately and consistently logged for management tracking and control purposes. Files shall be properly organized prior to duplication. Complete and exact duplicates of the files shall be made. Inaccurate information shall be corrected by the Contractor at no additional cost to the Government. The deadlines must be met with 100% accuracy.

The page rates shall include possible additional transportation requirements and additional supervision and oversight. Overtime premiums will not be authorized. If the Contractor fails to return the materials within the timeframe requested from receipt of the original file, the

Government will be invoiced at the regular rates.

3.7 Quality.

3.7.1 Certified Administrative Records (CARs):

A CAR is the complete and accurate copy of the legal record of proceedings and contains all the documentation considered by immigration judges and members of the Board of Immigration

Appeals. EOIR expects a high quality record (accurate, complete, aligned, paginated, and well-organized) and a comprehensive index for quick reference by attorneys and court personnel accompanied by a certification of completeness. Given the importance of record integrity and the time standards imposed by the federal courts, the quality goal is zero-tolerance. Ongoing staff training, quality control safeguards, and regular quality control checks are therefore required.

3.7.2 FOIA Records

An example of a common FOIA record is the complete and accurate copy of a legal ROP and contains all the documentation considered by immigration judges and members of the BIA, but other examples may occur during the life of this BPA. The Government FOIA unit expects high quality records (e.g., accurate, complete, paginated, and well-organized records). Given the importance of record integrity and the time standards imposed by federal law, the quality goal is zero-tolerance. Ongoing staff training, quality control safeguards, and regular quality control checks are therefore required. All original records must be returned in the same page order they were sent for duplication.

3.8 Delivery Medium.

3.8.1 Certified Administrative Records (CARs)

Certified records must be delivered in a paper and/or electronic format that is acceptable to the

Agency, the requesting courts and parties. Accordingly, all copies must be prepared in either or both mediums, on demand, and in as many copies as are requested.

3.8.2 FOIA Records

FOIA product of deliverables must be delivered in an electronic and/or paper format that is acceptable to the agency. Accordingly, the product of deliverables must be prepared on demand, and in as many copies as requested by OGC.

3.8.3 Deliveries

3.8.3.1 Time of Delivery

All pickups and deliveries shall be from/to the location(s) specified in each issued call order. The

Contractor shall deliver all completed deliverable products no later than 10:00 a.m., Monday through Friday (excluding holidays), unless otherwise specified by the Government. All times specified herein is Eastern Standard Time. The term “business days” as used herein is defined as

Monday through Friday excluding the Federal Government Holidays listed at Section 7.8. In addition to the holidays listed in Section 7.8, there may be certain types of irregularly occurring circumstances that prompt the Government to close its office(s): (e.g., bomb threats, inclement weather, power outages, death of a national figure, funding lapses, or other similar circumstances); such closures are not counted as a business day.

Throughout each call order period of performance the Contractor shall maintain a daily pickup and delivery schedule at the location specified. Late delivery and/or nonconforming work will be subject to the assessment of payment deductions as specified at Section 3.8.3.2. The assessment of payment deductions will be determined on a case by case basis by the appropriate COR. Any changes to the daily pickup and delivery requirements will be provided to the Contractor in writing by the appropriate COR.

The quantities of ROPs/Documents for pickup will vary throughout each task order period of performance. If the Contractor anticipates that it will not be able to meet the delivery requirements (deadlines), the Contractor shall notify the COR in writing at least two (2) business days prior to the scheduled delivery date for all such occurrences.

The delivery times for all CLINs are consistent with the type of CLIN ordered and as stated at

Sections 3.6.1 and 3.6.2 of this BPA; delivery times begin or are calculated from the pickup date.

3.8.3.2 Payment Deductions and Liquated Damages

This section describes the circumstances under which deductions will be made from the

Contractor’s invoice or liquidated damages will be assessed against the Contractor by the

Government. Deductions will be made from the Contractor’s invoice when performance is completed by the Contractor, but performance fails to conform to the requirements in any of the ways described in the Payment Deduction Table included in 3.8.3.2.1. “Liquidated Damages” shall be assessed when ROPs/Documents records are lost or damaged, in accordance with Section

3.8.3.2.2, and as described in Section 15.6.

Notwithstanding any monetary adjustments made for deficiencies, nothing in this clause shall be construed to abrogate the performance requirements of this BPA or to permit the Contractor to fail to perform or to delay in performing services. Failure to perform or delay in performing may subject the Contractor to the default provisions of this BPA.

3.8.3.2.1 Payment Deductions for Nonconforming Services

If services are performed by the Contractor but the services do not conform to the BPA requirements, the invoice shall be reduced as specified in this section. Payment deductions will be assessed as specified in the following table for each delivery where services fail to conform to the

BPA requirements.

Payment Deductions for Late Deliveries

Deficiency Deduction Amount Maximum

Deduction

Late delivery of Certified ROPs or FOIA’s (all

CLINs)

3% per day late*

$75.00 per case

“Business days late” as stated in the above table means any delivery that is received by the

Government later than 10:00 a.m. on the specified delivery date.

*For example, if a Certified ROP is required to be delivered within 24 hours from the time the request is received (e.g. “Expedited” or falling within CLIN Series 3000 or 4000) and the request is received on Monday, then the Certified ROP would be due by 10:00 am on Tuesday. If the

Certified ROP is actually delivered to the Government at 4:00 pm Tuesday afternoon, the delivery would be considered to be one business day late. Subsequently, the Contractor will be assessed a deduction of 3% per day against its invoice amount for this certified ROP. If the

Certified ROP costs $100.00 representing the total invoice amount submitted for this case, then the 3% deduction amount will be multiplied by the cost ($100.00), then by the business days late

(1), which equates to $3.00. However, the deducted amount is not to exceed $75.00 per case. In this example, the invoice amount would be reduced by $3.00 and a $97.00 invoice amount would be approved. Using the same example, if the case was five (5) business days late, the amount deducted from the invoice would equate to $15.00 (3% of $100.00 x 5 days late) and $85.00 would be approved. The number of “business days late” approach would continue up to the point where the “maximum deduction” would be reached.

The COR will be responsible for assessing payment deductions and will apply such deductions against the Contractor’s invoice amount. The COR may, at his/her discretion waive the imposition of payment deductions provided the Contractor notifies the COR of an anticipated delay in advance of the due date.

Payment deductions will not be assessed when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor consistent with any Default provisions contained in the Contractor’s GSA Schedule Contract.

3.8.3.2.2 Liquidated Damages

In the event that archived records in the possession of the Contractor become lost or damaged, the

Contractor shall pay to the Government as liquidated damages the amounts specified in the table below.

Liquidated Damages

Deficiency

Liquidated Damages

Amount

Notes

ROP lost Up to $500.00* Assessed per occurrence

FOIA document lost. Up to $500.00* Assessed per occurrence

Electronic media lost Up to $500.00* Assessed per occurrence

* Actual amount of liquidated damages to be paid by Contractor for lost ROP or FOIA document will be determined by the COR.

3.9 Record location and maintenance.

Data entry into the Case Access System for EOIR (CASE) tracking system shall occur at EOIR’s facility. Also, the original ROP, documents and any copies thereof must be stored and maintained in a way that ensures both record integrity and record security per DOJ standards. The Contractor must be capable of receiving the documents to be copied from any of the EOIR nationwide locations and capable of returning the documents to the sending location via a secure and traceable method. All copies stored on the contractor servers shall remain the property of the U.S.

Government and must adhere to all privacy and security standards and regulations.

3.10 Task Specifics

The following processes and associated steps are provided for purposes of explanation of the existing workflow. The Government reserves the right to modify, add, or delete any, or all, steps in these processes at any time to improve efficiency, effectiveness, or transition the processes into an electronic workflow.

3.10.1 Certification Receiving and Requesting.

The process begins when OIL or the federal court e-mails a certification request to the BIA. A tracking folder is created, and the ROP is located by the use of the Government’s internal database. The ROP is requested from the office in possession; most ROPs will be located on site.

ROPs are pulled on a regular basis, sometimes daily, and are brought to the certification work space; on-site contractors may be required to retrieve ROPs from designated areas. If the ROP is with the immigration court, that office will send the ROP by an express delivery service to the

BIA. Once the ROP is received, it is forwarded to the next stage of processing along with other processing documents.

(a) EOIR site:

Among the steps that the Contractor will be responsible for:

1. Receive and store e-mail for the certification requests of a ROP from OIL and/or Courts;

2. Enter certification request information into system; this includes but not limited to the initial request, ROP information, comments, and closing information;

3. E-mailing a ROP request to the Immigration Court (IC) or other location in the possession of the ROP immediately after entering the request;

4. Creating an “electronic tracking system” for the requested ROP which contains the e-mail request from OIL and/or Court and e-mail requesting the ROP.

5. Providing necessary information to BIA staff; tracking ROPs within the CASE system as well as information needed to track the receipt of the certification request;

6. Fill-in Case Processing Log (CPL) for offsite instructions.

7. Proper prioritization of the work flow to assure that those records most urgently needed, are completed first;

8. Identifying and tracking multiple requests for the same record (such as individual appeals taken for the lead and riders) to ensure that the record is certified only once for all requests;

9. Identifying sequential requests for the same record so only the newly required materials are certified, determine whether the originally certified pages are needed again, or only need reprinting as opposed to re-certification; and

10. Scanning and shipping the ROPs with tracking documents to the contractor site for certification.

11. File electronic or paper CAR with the Court(s).

3.10.1.1 Master Copying (Contractor’s site)

At the second stage of the certification process, a “master copy” of the ROP is created. The master copying process involves disassembling the ROP and scanning/duplicating it. This stage requires: 1) removing staples, bindings and arranging documents in a pre- determined order from the documents in the ROP, 2) scanning/duplicating these documents, 3) reviewing both the original document and the master copy of the documents for comparison, and 4) reassembly of the original documents in the ROP. This process involves the duplication of a wide variety of documents, including but not limited to: document sizes, document types, stapled items, tabbed exhibits, two-sided documents, photographs, return receipt request cards, and envelopes.

Legibility of these documents may vary considerably.

Among the steps that the Contractor shall be responsible for:

• Rearranging documents and making an exact copy of the file. This will require:

• rearranging the originals (if needed),

• unstapling the originals,

• duplicating them, and

• re-stapling the originals after they have been duplicated.

• Identifying rider files (i.e. files of other aliens that accompany the “lead” alien’s file).

Rider files will be handled in the same manner as the lead files and appear on the same index as the lead file

• Creating an index for the CAR. All electronic CARs will have page indicator bookmarks.

3.10.1.2 Verifying and Certifying.

This stage of the certification process involves a thorough inspection of the electronic master copy to ensure accuracy, completeness, and legibility. The master copy must be compared against the original record, page by page, and the legibility verified. Scanned images that are too dark, too light, off-center (skewed) and/or speckled must be aligned and/or corrected for the Optical

Character Recognition (OCR) software to properly scan the page. In the same manner, miscopied documents (e.g., documents that are: too dark, too light, off-center (skewed), missing page numbers or text, or have other imperfections arising from the duplication process must be recopied. Missing pages must be scanned/duplicated and placed within the master copy (in the same respective placement of the original record).

At the next stage, the master copy of the record is properly ordered, indexed, and formally certified. Specifically, the contents of the master copy are certified “as is.” An annotated index of the record is then created. The OIL request is double checked to ensure that the certification request is being properly filled. The master copy is then forwarded to the next stage.

Performing a copy quality check (QC) and correcting any imperfections in the master copy.

Completing the index. When electronic versions of the index are requested, the index shall have bookmarks allowing quick access to the intended page.

For electronic version, filings contained in the ROP shall be saved and named according to the

Document Naming Convention, see COR.

Paginating the copy after it is deemed to be correct and the index is complete (bates stamping).

Printing a copy of the index, and making the requisite number of copies of the index, when hard copies are requested (e.g., if six certified files will be printed, and then six copies of the index will be made). The attestation page of the original index and all copies made must be signed and dated by the certifier.

Initialing and recording on the CPL the total number of pages that are in the certified copy of the

ROP. The CPL is kept inside the tracking folder.

Creating and storing an electronic copy of the ROP (in CD or other form, as specified by EOIR) and recording the information needed to locate the electronic copy of the ROP.

Filling out information slips (CPL) that indicate: 1) the number of pages in the CAR file, 2) the number of files being “blown back” (printed), and 3) the insert point for the inclusion of proceedings sheets.

Perform Optical Character Recognition (OCR) Process test on every electronic copy.

3.10.1.3 Multiple Copying (Contractor’s site)

This stage in the certification process involves the duplication of the now-certified master copy.

The master copy is visually inspected for errors, including incorrect pagination, omitted pages, and legibility. Then the master copy is duplicated to create the requisite number of copies (hard and/or soft copies). The copies must be separated in a distinguishable manner. Once the requisite numbers of copies are made, each copy (master and multiple) is assembled and secured using acco-fasteners (hard copy only).

Matching the printed copies of the certified ROPs with their corresponding indices.

Securing the printed copies with acco-fasteners.

Creating the requisite amount of multiple printed copies from the master copy.

Creating multiple electronic copies in a medium and manner as specified by the COR (e.g., three searchable CDs, etc.) and identical with the master copy.

3.10.1.4 Duplication of Media

This process requires the Contractor to duplicate the content of media, such as but not limited to:

DVDs, CDs, and USB drives. The Contractor shall certify in writing the type of equipment and software used during the duplication process and provide a separate declaration regarding the duplication according to the requisite number of copies. A footnote shall be provided on the index page stating that a form of electronic media was certified.

3.10.1.5 Delivery and data close-out

Once the reproduction process is complete, the original ROP, the master copy, and the multiple copies are delivered to the appropriate location(s). After the Contractor has completed the certification process, the certified ROP is delivered to EOIR. The electronic and paper copies of the master copy and multiple copies are either delivered to EOIR (as is the current practice) or delivered to another location specified by the EOIR (such as OIL or appropriate federal courts).

The electronic copies will be delivered in a mutually agreed upon electronic medium (e.g., CD, micro disk, email, web-site posting, etc.) and format.

Among the steps that the Contractor shall be responsible for:

Contractor-site – generating a packing list from the ROP tracking sheets for the ROPs that have been certified

Contractor-site – placing the printed certified copies in boxes addressed to the appropriate entity

Contractor-site – Inspecting and comparing the boxes of certified copies with the packing list, resealing the boxes, and placing the boxes in the designated area for transport

Contractor-site – Matching up the ROPs that have been certified with the packing list, and then placing the ROPs in a designated area for transport

Contractor-site – Matching up the tracking folders of the certified cases with the packing list, and then placing the tracking folders in a designated area for transport

EOIR-site – Inspecting returned CARs, ROPs, and CPLs against shipment list to ensure accuracy and that all items on the shipment list are in the shipment.

EOIR-site – Cursory review of deliverables

Enter certification request information into system; this includes but not limited to the initial request, ROP information, comments, and closing information

EOIR-site – Forwarding ROPs to the appropriate locations

3.10.1.6 File Retention

The Contractor shall be responsible for securely retaining all scanned electronic copies of the records during the entire term of this BPA for later retrieval and reprinting purposes, and to turn over to the Government all such records at the end of the BPA term.

3.10.2 FOIA Receiving, Requesting, and Processing and/or Redaction of records and decisions as assigned

The FOIA process begins when OGC receives a request. A FOIA request is entered into the

FOIA database, and the records, usually in an ROP are located electronically. An e-mail request may be sent to the office in possession of the records. If the file is with the immigration court, that office will send the records by an express delivery service to the FOIA or directly to the offsite location. If the file is with the BIA, the records will be hand delivered to the FOIA unit or sent directly to the offsite location. If the file is with the National Records Center (NRC), the contracting company will order the record electronically through the NRC portal. If the file is a

Electronic ROP (EROP), the contracting company will download electronic records, either documents and/or digital recordings, from EOIR’s database. Once the records are received, they are forwarded to the next stage of processing.

Among the steps that the Contractor shall be responsible for at the EOIR site include:

1. Open, date stamp, and distribute FOIA requests received by mail, fax, or other electronic means.

2. Scan hardcopy FOIA requests to an electronic format using

Optical Scan Recognition.

3. Enter pertinent data and attach scanned/electronic requests into the FOIA database.

4. Requesting court documents and agency documents from the custodial parties.

5. Completing all necessary paperwork, scan barcodes on

ROPs, and review ROP for accuracy before sending the

ROPs to Contractor site.

6. Placing documents and/or computer disks into envelopes, and placing labels on envelopes.

7. Accepting work from contractors off-site and processing it by completing necessary data entry, and scanning barcodes on documents.

8. File documents related to FOIA requests or related OGC work product.

9. Other various duties as requested (such as duplicating tapes, duplicating digital audio recordings, sorting ROPS, general filing, answering telephones, copying etc.)

10. Log information from the FOIA request into a database to generate and sign letters.

11. Courts/BIA, generate packaging slip, maintain log of fedex tracking numbers, and scan ROPs back to the

Courts/BIA.

12. Redacting electronic and paper copy records or audio files of all personally identifiable information (PII) from FOIA requests, agency decisions, and other records as assigned.

13. Provide general clerical support to the OGC as it relates to the FOIA process and other matters.

3.10.2.1 Master Copying

At the second stage of the FOIA process, a “copy” of the record, usually an ROP is created.

When the records are in the ROP, the copying process involves disassembling the ROP and duplicating it. This stage will be the beginning stage for non-FOIA related duplication requests.

This stage requires:

• Removing staples, bindings, etc. from the documents in the ROP,

• Duplicating these documents,

• Reviewing the original documents against the electronic copy for comparison,

• Reassembly of the original documents in the ROP, and

• Securely fastening the original documents into the prongs of the ROP in the exact same order in which the file was originally received.

This process involves the duplication of a wide variety of documents, including but not limited to: document sizes, document types, stapled items, tabbed exhibits, two-sided documents, photographs, return receipt request cards, and envelopes. The legibility of these documents may vary considerably. Among the steps that the Contractor will be responsible for at the Contractor’s site include:

a) Rearranging documents (if needed) and making an exact copy of the file. This will require:

• rearranging the originals (if needed),

• unstapling the originals,

• duplicating them,

• securely fastening the original into the prongs of the ROP in the exact same order in which the file was originally received.

b) Identifying rider files (i.e. files of other aliens that accompany the “lead” alien’s file) by querying the EOIR case database. Rider files will be handled in the same manner as the lead files.

c) Redaction – editing in which the text of ROPs or documents (not the original ROPs or documents) is subject to alterations (e.g., obscuring or removing personally identifiable information (PII), private, sensitive or otherwise identified information) prior to delivery.

d) Electronic files may require conversion using an OCR to allow record redactions and optimization.

e) Contractors will be required to stamp all redactions with the appropriate regulation.

f) Files redacted need to be optimized for potential Internet posting.

g) Contractor may be supplied with Government furnished equipment that will allow the access of electronic files on the Government network. Contractor will need to adhere to all

Government security requirements.

3.10.2.2 Verifying

This stage of the process involves a thorough inspection of the copy to ensure accuracy, completeness, and legibility. The copy must be compared against the original record, page by page. Miscopied documents (e.g., documents that are:

too dark, too light, off-center, missing page numbers or text, or have other imperfections arising from the duplication process) must be recopied and documents that were not duplicated must be copied. After these items have been completed, the copy is then forwarded to the next stage.

Among the steps that the Contractor will be responsible for at the Contractor’s site include:

Performing a copy quality check (QC) and correcting any imperfections in the copies of the record.

Paginating the copy after it is deemed to be correct.

Providing a list of deliverables with the product.

Creating an electronic copy of the ROP (in CD or other form, as specified by EOIR), and recording the information needed to locate the electronic copy of the ROP.

Completing and maintaining information slips that indicate: 1) the number of pages in the file, 2) the number of files being “blown back” (printed), and 3) the insert point for the inclusion of proceedings sheets.

3.10.2.3 Delivery and data-close out

Once the reproduction process is complete and the Contractor has completed the off-site process, the records, usually the ROP and electronic copy is delivered to the OGC. Among the steps that the Contractor will be responsible for at the Contractor and Government sites include:

Contractor’s site – Generating a packing list of the records, usually ROPs, and a packing list of deliverables which indicate the number of pages.

Contractor’s site – Inspecting and packing the electronic copy into the boxes with the packing list, and placing the boxes in the designated area for transport.

Contractor’s site – Matching up the records that have been completed with the packing list, and then placing the records in a designated area for transport.

Provide courier service for delivery of product back to OGC.

EOIR’s site – Inspecting returned: copies, records, and the packing list to ensure accuracy and that all items on the packing list are in the shipment.

EOIR’s site – Recording the information (i.e., date returned from the Contractor’s site, and maintaining a copy of the packing list)

EOIR’s site – Scan bar code and refiling records, usually ROPs in the appropriate location.

Contractor to provide electronic deliverable through secure file sharing system with the FOIA number and non-citizen number. As requested, the contractor may need to provide deliverables through a specified media which shall be labeled.

3.10.2.4 File Retention

The Contractor shall retain all scanned electronic copies of the records during the entire term of this BPA for later retrieval and reprinting purposes, and to turn over to the Government all such records at the end of the BPA term.

3.10.2.5 Additional Services (Non FOIA work)

Regular & Expedited Copying – making exact, as-is copies of ROPs or other documents.

3.10.2.6 Software Capability Requirement

The Contractor must ensure that the scanning device and software used during the scanning/duplicating process can deskew and despeckle images from the original document. This capability is needed to ensure an accurate word search during OCR process.

The Contractor must maintain software compatible with the Government’s software and operating system.

3.10.3 Scanning Documents for Electronic Record

EOIR site:

The Contractor shall scan and identify documents for the electronic record. This may require uploading to the EOIR’s database.

The Contractor shall notify EOIR’s staff of completion of scanning.

4. COMMUNICATION AND COORDINATION

The certification and FOIA tasks are of sufficient scope and complexity that the BIA and the

OGC each employs a full time COR to oversee each process. Each COR is responsible for setting the practices and priorities to be followed for each respective process (i.e., certification or FOIA), as well as serving as the clearinghouse for all issues arising either globally or in individual cases.

Each COR will work with the Contractor independently to coordinate the process as it relates to the SOW.

5. PERSONNEL

EOIR-Site Support Services (CLIN Series 1000)

5.1 Staffing for Certification Support and FOIA Functions to be Performed at EOIR

Facilities only.

The Contractor shall be responsible for providing trained, experienced staff for performing the work ordered under any subsequent call orders who are competent to perform their assigned work, and physically able to perform the work required. No trainee and/or apprentice shall be assigned nor shall the Contractor hire any employee with the specific purpose of providing interim employment for the employee until employment by the Government can be effected.

The Contractor shall continuously monitor, manage, and control their staffing plan. The

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