GPA PWS Draft.docx

PROJECT TITLE:

Direct Care, Supervision and Facilities Maintenance Services for Unaccompanied Children Greensboro Piedmont Academy, Influx Care Facility, Greensboro, NC

1.0 BACKGROUND:

The U.S. Department of Health and Human Services (HHS), Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR) has a statutory obligation to accept referrals and provide care for and custody of unaccompanied children in federal custody by reason of their immigration status.

In accordance with the Homeland Security Act of 2002 and the William Wilberforce Trafficking Victim Protection Reauthorization Act of 2008 (TVPRA), 8 U.S.C. § 1232(b)(3), ORR is responsible for accepting referrals and providing care and custody of unaccompanied children in federal custody by reason of their immigration status. The TVPRA, requires, absent exceptional circumstances, any federal agency that has aunaccompanied child in its custody to transfer custody of such child to HHS/ORR within 72 hours of determining that such child is an unaccompanied child.

2.0 PURPOSE AND OBJECTIVES:

The purpose of this Performance Work Statement (PWS) is to specify ORR’s requirements for direct care and supervision (DCS) and facilities maintenance (FM) services at the 800 bed influx care facility (ICF) in Greensboro, North Carolina, commonly referred to as the Greensboro Piedmont Academy ICF or Greensboro ICF. Under this PWS, the Contractor shall provide:

A) Direct Care of unaccompanied children including all personnel, services, and resources necessary to provide for the care and supervision of unaccompanied children housed at the ICF as specified in this PWS and corresponding regulatory and statutory guidance.

B) Facilities Maintenance services defined as interior and exterior services necessary to support ongoing facilities management operations and maintenance to ensure the safety and welfare of unaccompanied children housed at the ICF.

3.0 POLICY AND REFERENCE DOCUMENTS:

Regulations, guidelines, and policies drive the requirements within this PWS. Moreover, the documents with reference to ORR, ORR staff, Federal Employees, or other federal entities or agencies, all such references apply to the Contractor with equal force. ICF operations shall be in accordance with the following:

· ORR Unaccompanied Children Program Policy Guide (UC Policy Guide Section 7),:

https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied

· ORR Field Guidance containing updates to ICF standards: https://www.acf.hhs.gov/orr/policyguidance/uc-program-field-guidance

· ORR Key Documents: https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-childrenprogram

· Unaccompanied Children Manual of Procedures (UC MAP) provides procedures that operationalize ORR policy. The UC MAP is accessed through ORR’s online case management system which will become available for Contractor access after award.

· HHS Information Security Program Policy https://www.hhs.gov/about/agencies/asa/ocio/cybersecurity/information-security-privacyprogram/index.html

· HHS Continued Implementation for the HSPD-12 Program, dated January 13, 2017

· OPM Final Credentialing Standard, dated June 2008

· OMB M-05-24, dated August 5, 2005, Implementation of Homeland Security Presidential Directive (HSPD) 12 --Policy for a Common Identification Standard for Federal Employees and Contractors

· Executive Order 13467

· National Archives and Records Administration Records Schedule DAA-0292-2016-0012

· National Archives and Records Administration Records Schedule DAA-0292-2019-0009

· National Archives and Records Administration General Records Schedule

· Federal Records Center Requirements

· The consolidated Appropriations Act of 2023 (https://www.congress.gov/117/bills/hr2617/BILLS-117hr2617enr.pdf)

Performance requirements are based upon policy, regulations, and guidelines. The Contractor is responsible for staying up to date with policy and regulatory changes at the links provided above and must adapt to the evolving nature of the working environment. This shall include prior notification to the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) if the Contractor is unable to abide by any of the aforementioned policies. Failure to make such notifications in a timely manner shall be deemed a breach of contract.

For the basic terms of this contract, all policies are attached and noted as the policies in effect at the time of award. The Contractor shall review the policies at the links above and notify the CO and the COR in the event of any significant discrepancies and/or changes in the above policies that affect requirements and/or costs.

3.1 DEFINITIONS:

3.1.1 Cold Status:

Cold Status means an ICF Site has zero (0) unaccompanied children on site, but the Contractor must be fully prepared to reactivate the operations to accept children at the ICF Site within four (4) weeks of written notification by the Contracting Officer (CO). Cold status refers to coordinating with the Facilities Management Services contractor to maintain standing facilities in good working order (e.g., maintaining critical infrastructure) to accommodate an increase of staffed capacity upon direction by the CO. Examples of achieving Cold Status include, but are not limited to, coordinating with the Facilities Management Services contractor to rearrange the footprint, or repurpose existing structures for other ORR-mission activities and/or temporarily taking HVAC and other relevant systems offline (if not required for ORR activities), etc. The Contractor shall maintain personnel sufficient to 1) Maintain Cold Status, 2) Plan for Ramp-Up, and 3) Transition from Cold Status to Operational Status to the directed census by the CO within four (4) weeks 4) Transition from Cold Status to Warm Status as directed by the CO within two (2) weeks..

3.1.2 Warm Status:

Warm Status means an ICF Site has scaled down to zero (0) unaccompanied children on site, but the Contractor must be fully prepared to reactivate the operations to accept up to 250 unaccompanied children within one week and an additional one week for 250 unaccompanied children for a total of 500 children at the ICF Site within two (2) weeks of receiving written notification by the CO. Warm status refers to coordinating with the Facilities Management Services contractor to maintain standing facilities in good working order (e.g., maintaining critical infrastructure) to accommodate an increase of staffed capacity upon direction by the CO. Examples of achieving Warm Status include, but are not limited to, coordinating with the Facilities Management Services contractor to rearrange the footprint, or repurposing existing structures for other ORR-mission activities and/or temporarily taking HVAC and other relevant systems offline (if not required for ORR activities), etc. During Warm Status, the Contractor shall retain Lead Case Management staff, including but not limited to Chief of Operations (2-in rotation), Executive Program Director, Program Director, Assistant Program Director (2 onsite and 1 remote), Deputy Assistant Program Director (1-in rotation), Case Management Supervisor (2 onsite and 1 remote), and all Lead Case Managers and records management staff to ensure the compilation and transfer of records to ORR records custodian. Retainment of staff must be prioritized according to personnel who have achieved a HSPD-12 Tier 2 (Minimum Background Investigation—MBI) Moderate Risk Public Trust as well as a Child Protective Services (CPS) Child Abuse and Neglect check (CA/N).

During Warm Status, the contractor shall perform activities including but not limited to:

· All Safety and Well Being (SWB) 30-day calls for reunified unaccompanied children for their required time frame and include documentation, which can be accomplished by remote case management staff

· Closing Unaccompanied Children Portal and native case files within 10 days of unaccompanied children discharge

· Review and refinement of all Case Management (CM), Clinical, Child Services Standard Operating Procedures (SOPs) to include assurance of hard copies of handouts or pamphlets provided to unaccompanied children

· All ORR required and supplemental trainings

· Quality Assurance for Lead Case Managers in reference to case files, Case Review documentation and Family Reunification Packet (FRP) reviews for submission to include practicum modules/scenarios

3.1.3 Operational Status:

Operational Status means the site is staffed to accept a capacity of between 250, 500, and 800 beds for unaccompanied children aged 13 to 17-years-old. Increments consist of a base level 250 bed capacity with an additional 250 bed capacity. After 500 beds, then the census goes up in 300 staffed bed increments to be exercised if/when needed. At the base level capacity (250 beds), the Contractor shall maintain sufficient personnel, supplies, housing, and services necessary to accommodate the minimum staffed capacity at all times as determined by ORR. If and when exercised, the Contractor shall increase the level of personnel, supplies, housing, and services to meet the needs for additional 250 beds and then 300 capacity increments.

3.1.4 Initial Site Mobilization:

The CO is the only individual with the authority to specify the operating status of the Greensboro ICF. If directed by the CO, the Initial Operational Status of 500 beds must be achieved within 14 days of notice. If directed by the CO, Operational Status of 800 beds must be achieved within 28 days of notice.

3.1.5 Ramp-Up and Ramp-Down Notices:

NOTICES: The CO will provide ramp-up and ramp-down notices in writing to the Contractor. A Contract Modification will be executed (by a warranted Contracting Officer) and the funds associated with the ramp-up or ramp-down requirement shall be added to the Contract. Fund totals and/or obligation amounts shall be based on the date that the ramp-up or ramp-down time-period ends.

RAMP-UP: The CO will provide the Contractor with a seven (7) day notice in writing when a ramp-up requirement is identified. Once a ramp-up notice is given, the Contractor will stay at the notified minimum number of beds for at least four (4) weeks. Additional bed capacity can be added during those four weeks. With each additional increment of bed capacity, the four-week timeline resets.

RAMP-DOWN: The CO will provide the Contractor with a seven (7) day notice in writing when a ramp-down requirement is identified. The government may execute multiple ramp-down increments at once based off mission needs.

3.1.6 Ramp-Up and Ramp-Down Pricing:

The schedule and cost for the staffed capacity from either Cold or Warm status ramp-up and ramp-down, based upon the aforementioned capacities must be addressed in the contractor’s proposal. The Contractor must prorate the cost for the increase or decrease based on the number of days the staffed capacity will be provided or not provided for the period of performance under which the direction is given to increase or decrease staffed capacity in the identified increments. The prorate effective date shall be effective based on the date immediately following the “ramp-up” time (7 calendar days) allotted from the date of notification.

3.1.7 Capacity Requirement:

ORR primarily uses ICFs on a temporary basis when its permanent network of shelter beds is full. Therefore, ICFs are intended to be in operation on an as-needed basis. The population size (also referred to as census) at this ICF is expected to vary. Therefore, the Contractor shall have the capability to adapt to changing conditions. When the census is increasing, the Contractor must accommodate by increasing staff and support services and decreasing staff and support services when referrals decrease in alignment with operational status.

4.0 TYPE OF CONTRACT:

The Federal Government is contemplating to award a XXXXXX contract in accordance with Federal Acquisition Regulation (FAR) 16.XXX for the direct care, supervision, facilities maintenance, and related services required for the care of unaccompanied children placed at the Greensboro ICF.

4.1 PERIOD OF PERFORMANCE:

The Period of Performance (POP) is anticipated to be a base of 12 months, with four (4) 12-month option periods.

The contract includes FAR clause 52.217-8, Option to Extend Services.

4.2 PLACE OF PERFORMANCE:

Contractors will be expected to work on site at the Greensboro ICF located in Greensboro, NC.

5.0 SCOPE OF SERVICES:

The Scope of Work includes providing comprehensive services and resources required to operate a safe and appropriate ICF in Greensboro, North Carolina. The services, supplies, and equipment necessary to provide direct care, supervision, facilities maintenance, and related services for unaccompanied children 13 to 17 years of age include:

· Admission and Orientation (Section 6.1.2)

· Case Management (Section 6.1.3)

· Medical Services (Section 6.1.4)

· Line of Sight Supervision (Section 6.1.6)

· Program Management (Section 6.1.7)

· Key Personnel (Section 6.1.8)

· Facilities Maintenance (Section 6.1.9)

· Custodial Services (Section 6.1.9)

· Security and Safety (Section 6.1.9)

· Emergency Evacuation & Fire Detection System Management (Section 14)

· Waste removal (to include medical and biohazardous) (Section 15)

· Laundry Services (Section 16)

· IT services (Section 17)

5.1 REQUIRED SERVICES:

The Contractor shall provide all resources, staff, facilities maintenance, supplies and services necessary to provide DCS and FM at the Greensboro ICF. The scope of services under this effort includes providing for the temporary care, housing, and supervision of unaccompanied children placed at the Greensboro ICF. The Contractor shall provide all services necessary to meet the needs of unaccompanied children.

The scope of work for this contract includes all-inclusive support services providing for the care, housing, and supervision of unaccompanied children ages 13 - 17 years in ORR custody (unless ORR directs the Contractor otherwise) until such time as: the unaccompanied children can be released to an ORR approved/vetted sponsor, the unaccompanied children is transferred to another ORR facility, or the unaccompanied children is transferred as directed by the Government while unaccompanied children are at the Greensboro ICF. The Contractor must follow Flores Settlement Agreement standards.

The Contractor shall provide these services to ensure the safe housing and timely release of unaccompanied children to verified sponsors or transfer to another ORR provider, at the sole discretion of the Government.

The defined and priced requirements under this contract shall be measured in terms of facility capacity for 0/500/800 bed increments for unaccompanied children general population, facility capacity for unaccompanied children medical isolation/quarantine beds at 10% of the census, staffing support for unaccompanied children general population beds, staffing support for unaccompanied children medical isolation/quarantine beds, and one time transition. The population may vary due to changes in the overall unaccompanied children population across the program. The Contractor must have the capability to adapt to changing conditions. When the census is increasing, the Contractor must accommodate by increasing staff and support services. When the census is decreasing, the Contractor must have the ability to scale back staffing and services to the level specified by the CO.

For the purpose of this document, quarantine refers to separating individuals who were exposed to a contagious disease to see if they become sick or test positive for the disease. Medical isolation refers to separating sick individuals with a contagious disease from other individuals.

Note: UC-designated placement into an unlicensed influx care facility must, to the extent feasible, meet the following criteria:

1. Is expected to be released to a sponsor within 30 days;

2. Is age 13 or older;

3. Speaks English or Spanish as his or her preferred language;

4. Does not have known special needs (including mental health or identified disabilities), behavioral health issues, medical issues, or dental issues that would be better served at an alternative care provider facility;

5. Is not a pregnant or parenting teen;

6. Would not have a diminution of legal services as a result of the transfer to an unlicensed facility; and/or

7. Is not a danger to self or others (including not having been charged with or convicted of a criminal offense).

Additional considerations for initial placement or transfer into an unlicensed influx care facility include that the UC:

· Not be part of a sibling group with a sibling(s) age 12 years or younger;

· Not be subject to a pending age determination (see Section 1.6);

· Not be involved in an active State licensing, child protective services, or law enforcement investigation, or an investigation resulting from a sexual abuse allegation reported in accordance with Section 4.10;

· Not have a pending home study (see Section 2.4);

· Not be turning 18 years old within 30 days of the transfer;

· Not be scheduled to be discharged in three days or less;

· Not have a current set docket date in immigration court or State/family court (juvenile included); not have a pending adjustment of legal status; and not have an attorney of record;

· Be medically cleared and vaccinated as required by the influx care facility (for instance, if the influx care facility is on a U.S. Department of Defense site);

· Have a completed Medical Checklist for Influx Transfers; and

· Have no known mental health, dental, or medical issues, including contagious diseases requiring additional evaluation, treatment, or monitoring by a healthcare provider.

If ORR becomes aware that a child does not meet the seven criteria (in 1-7 above) after placement into an influx care facility, ORR will transfer the UC to the least restrictive setting appropriate for the child’s needs as expeditiously as possible.

ORR prioritizes transferring children who do not meet such criteria to other ORR State-licensed facilities, ahead of ordinary referrals from U.S. Customs and Border Patrol. An ordinary placement is a placement where special considerations — such as considerations for pregnant or parenting teens, or teens with special needs — are not present.

ICF’s All services provided to unaccompanied children must be tailored to the unique needs of unaccompanied children and commensurate with their age, gender, level of development, and other demographics such as country of origin, language-spoken, etc. Influx care facilities must comply, to the greatest extent possible, with State child welfare laws and regulations (such as mandatory reporting of abuse), as well as State and local building, fire, health and safety codes, that ORR determines are applicable to non-State licensed facilities.1 Influx care facilities must deliver services in a manner that is sensitive to the age, culture, native language, and needs of each UAC. Influx care facilities must develop an individual service plan for the care of each child.

The influx care facility maintains records of case files and make regular reports to ORR. Influx care facilities must have accountability systems in place, which preserve the confidentiality of client information and protect the records from unauthorized use or disclosure.

Unless otherwise specified in this Performance Work Statement, any requirements in the UC Policy Guide that apply to a “care provider” or an ORR Care Provider apply to the Contractor.

ICF shall comply with all applicable State child welfare laws and regulations and all state and local building, fire, health, and safety codes. ICF must deliver services in a manner that is sensitive to the age, culture, native language, and needs of each unaccompanied child.

Under the terms of the Flores Settlement Agreement Exhibit 1 and Unaccompanied Children Policy Guide Section 7.5.1 Influx Care Facility Minimum Services ICF must provide the following minimum services for each unaccompanied children in their care:

1. Proper physical care and maintenance, including suitable living accommodations, food, appropriate clothing, and personal grooming items.

2. Appropriate routine medical and dental care, family planning services, including pregnancy tests and comprehensive information about and access to medical reproductive health services and emergency contraception, and urgent/emergent health care services; a complete medical examination (including screenings for infectious diseases) within 48 hours of admission, unless the unaccompanied children was recently examined at another ORR care provider facility; appropriate immunizations as recommended by the Advisory Committee on Immunization Practices’ Child and Adolescent Immunization Schedule and approved by HHS’ Centers for Disease Control and Prevention; administration of prescribed medication and special diets; appropriate mental health interventions when necessary.

3. An individualized needs assessment, which includes the various initial intake forms, collection of essential data relating to the identification and history of the child and their family, identification of the unaccompanied children’s special needs including any specific problems which appear to require immediate intervention, an educational assessment and plan, and an assessment of family relationships and interaction with adults, peers and authority figures; a statement of religious preference and practice; an assessment of the unaccompanied children’s personal goals, strengths and weaknesses; identifying information regarding immediate family members, other relatives, godparents or friends who may be residing in the United States and may be able to assist in connecting the child with family members.

4. Educational services appropriate to the unaccompanied children’s level of development and communication skills in a structured classroom setting Monday through Friday, which concentrates primarily on the development of basic academic competencies, and secondarily on English Language Training. The educational program shall include instruction and educational and other reading materials in such languages as needed. Basic academic areas must include Science, Social Studies, Math, Reading, Writing and Physical Education. The program must provide unaccompanied children with appropriate reading materials in languages other than English for use during leisure time.

5. Activities according to a recreation and leisure time plan that include daily outdoor activity – weather permitting – with at least one hour per day of large muscle activity and one hour per day of structured leisure time activities (that must not include time spent watching television). Activities must be increased to a total of three hours on days when school is not in session.

6. At least one individual counseling session per week conducted by credentialed social work staff with the specific objective of reviewing the child’s progress, establishing new short- term objectives, and addressing both the developmental and crisis-related needs of each child.

7. Group counseling sessions at least twice a week. Sessions are usually informal and take place with all unaccompanied children present. The sessions give new children the opportunity to get acquainted with staff, other children, and the rules of the program. It is an open forum where everyone gets a chance to speak. Daily program management is discussed, and decisions are made about recreational and other activities. The sessions allow staff and unaccompanied children to discuss whatever is on their minds and to resolve problems.

8. Acculturation and adaptation services, which include information regarding the development of social and interpersonal skills that contribute to those abilities necessary to live independently and responsibly.

9. A comprehensive orientation regarding program intent, services, rules (written and verbal), expectations, and the availability of legal assistance.

10. Whenever possible, access to religious services of the child’s choice.

11. Visitation and contact with family members (regardless of their immigration status), which is structured to encourage such visitation. The staff must respect the child’s privacy while reasonably preventing the unauthorized release of the unaccompanied children.

12. Care providers must provide a reasonable right to privacy, which includes the right to wear his or her own clothes when available, retain a private space in the care facility for the storage of personal belongings, talk privately on the phone and visit privately with guests, as permitted by UC Policy receive and send uncensored mail unless there is a reasonable belief that the mail contains contraband.

13. Services designed to identify relatives in the United States as well as in foreign countries and assistance in obtaining legal guardianship when necessary for the release of the unaccompanied child.

14. Legal services information, including the availability of free legal assistance, the right to be represented by counsel at no expense to the government, the right to a removal hearing before an immigration judge, the right to apply for asylum or to request voluntary departure in lieu of deportation. This information is included in the Legal Resource Guide for Unaccompanied Children.

The Contractor will maintain sufficient personnel, supplies, housing, and services necessary to always accommodate the minimum staffed capacity as determined by ORR.

The Contractor shall maintain and operate unaccompanied children housing areas in a manner that promotes child safety and that adheres to child welfare practices.

The Contractor will provide sufficient staffing, in accordance with ORR mandated ratios, and at all times to provide line of sight supervision of unaccompanied children (both waking and sleeping hours). While the use of bunk beds is authorized, their use shall be employed only as needed to accommodate greater numbers of children and not impede the ability of staff to maintain line of sight of unaccompanied children.

ORR requires non-State-licensed influx care facilities to adhere to a case manager ratio of one (1) case manager for every eight (8) children.

ORR requires non-State-licensed influx care facilities that are in operation for more than six (6) consecutive months to maintain the following minimum staff ratios standards:

· One (1) on-duty Youth Care Worker for every eight (8) children or youth during waking hours; and

· One (1) on-duty Youth Care Worker for every sixteen (16) children or youth during sleeping hours

· The same clinician- and mental health staff-to-children ratio as required in standard ORR cooperative agreements or contracts for State-licensed facilities.

To the extent practicable, ORR may grant a 60-day waiver for contractor’s or grantee’s non-compliance with this section. ORR is prohibited from granting more than four (4) consecutive waivers.2 The Contractor shall use staffing plans (including the use of standing posts and deploying staff beyond minimum ratios) when the facility design/layout may make direct line of sight supervision challenging.

The Contractor shall make recommendations for housing unaccompanied children in a manner that achieves these goals for approval by ORR. In addition, the Contractor is encouraged to conduct outreach and partner with local non-governmental and community-based organizations to the greatest extent possible with approval from the COR.

The Contractor shall house unaccompanied children who are LGBTQI in compliance with UC Policy Guide Sections 3.5.4 Housing and Section 4.8.2 Use of Assessment Information The Contractor shall take into consideration demographics of the unaccompanied children, as well as medical status of the unaccompanied children. The Contractor shall house unaccompanied children according to demographics that adhere to ORR Policy Guide for age and gender with male and female unaccompanied children housed in separate areas. For the purposes of this contract, “area” is defined as a separate dormitory where sighte and sound separation are maintained. The Contractor shall abide by all ORR mandated staffing ratios, as detailed in ORR Policy Guide as of the date of execution of this contract and abide by any revisions of the Policy Guide.

When making housing assignments for a transgender or intersex youth, the care provider must consider the youth’s gender self-identification and the effects of a housing assignment on the youth’s health and safety. Care providers must not base housing assignment decisions of transgender or intersex youth solely on the identity documents or physical anatomy of the youth. The child’s self-identification of his or her gender and self-assessment of safety needs must always be taken into consideration as well. The care provider’s housing assignment of a transgender or intersex child must be consistent with the safety and security considerations of the care provider facility and State and local licensing standards. If State and local licensing standards conflict with the care provider’s determination for a youth’s housing assignment, the care provider should immediately contact the ORR/FFS for further guidance.

If a youth expresses safety or privacy concerns or the care provider otherwise becomes aware of privacy or safety concerns related to restrooms or dressing areas, the care provider must take reasonable steps to address those concerns. This may include, for example: the addition of a privacy curtain or partition; provision to use a nearby restroom or office; or a separate changing or restroom schedule. The care provider should contact the ORR/FFS for further guidance if the care provider is uncertain about the appropriate steps to take.

child’s For the purposes of this contract, “area” is defined as a separate residential housing unit where sight and sound separation are maintained.

The Contractor shall abide by all ORR mandated staffing ratios for youth care workers, case managers, and clinicians as detailed in the UC Policy Guide Section 7.7 Influx Care Facility Staffing Levels to meet the census as directed by ORR..

ORR requires non-State-licensed influx care facilities to adhere to a case manager ratio of one (1) case manager for every eight (8) children.

ORR requires non-State-licensed influx care facilities that are in operation for more than six (6) consecutive months to maintain the following minimum staff ratios standards:

· One (1) on-duty Youth Care Worker for every eight (8) children or youth during waking hours; and

· One (1) on-duty Youth Care Worker for every sixteen (16) children or youth during sleeping hours

· The same clinician- and mental health staff-to-children ratio as required in standard ORR cooperative agreements or contracts for State-licensed facilities.

To the extent practicable, ORR may grant a 60-day waiver for contractor’s or grantee’s non-compliance with this section. ORR is prohibited from granting more than four (4) consecutive waivers.2

The Contractor shall provide all staffing necessary to accommodate the ORR-stated capacity of the ICF site, taking into consideration demographics of the unaccompanied children, as well as medical status of the unaccompanied children.

At all times, the Contractor shall maintain and operate the ICF in a manner that promotes child safety and that adheres to child welfare practices, as mandated in ORR policy. The Contractor shall provide sufficient staffing, in accordance with ORR mandated ratios, at all times to provide line of sight supervision of unaccompanied children both during waking and sleeping hours.

The Contractor shall implement strategies and devices to reduce noise in housing areas to the maximum extent practicable. This may include partitions and other dividers that do not impede line of sight supervision, and as specifically approved by the COR. While the use of bunk beds may be authorized by the COR in writing, such use shall be employed only as needed to accommodate greater numbers of children during surge capacity situations beyond fully operational state of 800 beds and not impede the ability of staff to maintain line of sight of unaccompanied children. The bunk bed specifications and physical configuration must be approved by the COR in writing.

5.2 ASSUMPTIONS/CONSTRAINTS:

Services provided shall be In Agreement With (IAW) section 3.0 above.

Only Contractor personnel who have been cleared through a fingerprint-based, federal background check are permitted to supervise direct care contract staff. Staff and volunteers who provide direct care must pass public record criminal background checks for deployment at ICF. Additionally, all medical providers must maintain current state licensure, possess clean background checks, and clean CA/N checks. Staff who will have unsupervised direct access (e.g., physically present) to unaccompanied children must have an FBI-based background check, and CA/N check (if not waived or modified by ORR). Staff who do not have direct access to children must have a public records criminal background check. The COR will ensure receipt of background checks for ICF staff. Staff and volunteers who provide direct care may not have unsupervised contact with unaccompanied children until all background and CA/N checks have been completed.

5.3 PERFORMANCE REQUIREMENTS:

Successful contract performance will ensure that a full complement of services IAW this PWS is provided to unaccompanied children by a cadre of qualified staff, in a timely manner, and to meet the unique needs of the unaccompanied children population. Independently, and not as an agent of the Government, the Contractor shall furnish all the necessary services, qualified personnel, materials and equipment, not otherwise provided by the Government, as needed, to perform the requirements described in this PWS.

The Contractor shall perform the following tasks and deliver requirements in accordance with stated performance standards.

6.0 REQUIRED SERVICES:

6.1 DIRECT CARE SERVICES REQUIREMENTS:

6.1.1 General

The Contractor shall provide all personnel and services necessary to care for unaccompanied children housed at the ICF. Program rules and discipline standards shall be formulated with consideration for the range of ages and maturity in the program and shall be culturally sensitive to the needs of children. The Contractor shall employ strength-based behavior management and trauma-informed care approaches and never hit, harass, humiliate, or degrade an unaccompanied child or staff member. Examples of strength-based behavior management and trauma-informed care approaches include using conflict resolution, problem solving skills, rewards and consequences and de-escalation techniques and helping children learn accountability and self-control. Behavior management strategies used by the Contractor must meet child welfare best practice standards. ORR approves care provider written policies and procedures for behavior management, including rules for the program, rewards and consequences for behavior (Unaccompanied Children Policy Guide Section 3.3.13 Behavior Management).

The Contractor shall establish a Code of Conduct in accordance with Unaccompanied Children Policy Guide Section 4.3.5 Code of Conduct that will include the following:

· Staff will not engage in any form of sexual abuse, sexual harassment, inappropriate sexual behavior, physical abuse, emotional/verbal abuse, neglect (including medical/non-medical neglect), inappropriate restraints, or Code of Conduct violations described in this section of the Policy Guide (see also, Sections 4.1 Definitions and 5.5.4 Abuse Review Team, as well as the Guide to Terms for additional definitions);

· Staff will not engage in sexual contact with anyone while on duty or while acting in the official capacity of their position;

· Staff will not engage in or permit discriminatory treatment or harassment of anyone—especially children—for any reason, including but not limited to, on the basis of their actual or perceived race, national origin, language, religion, gender identity, gender expression, sexual orientation, disability, or any other characteristic;

· Staff will not utilize corporal punishment, nor will staff use threats of such punishment;

· Staff will not attempt to change or discourage a child’s actual or perceived sexual orientation, gender identity, or gender expression;

· Staff may not have contact with any unaccompanied children outside of the care provider facility beyond that necessary to carry out job duties while the child is in ORR care, nor following the child’s discharge before the child turns 21 years old, unless for the purpose of providing support to the child following discharge, such as assistance accessing relevant resources/services, providing interpretation assistance, or answering questions about their case. In such an instance, the contact should be made utilizing the case manager or clinician’s work phone or work computer and NOT through personal phone numbers, personal emails, or social media. Additionally, the case manager or clinician must notify the care provider if the contact occurs as well as the reason for the contact;

· Staff must confine their interactions and/or relationships with children, their family, and their sponsors to those activities which fall within the scope of the staff’s job duties. Requests for exceptions, or notifications for possible conflicts of interest, must be submitted in writing to, and approved by, the ORR Project Officer and Federal Field Specialist;

· Staff may not live with or engage in any relationship with children or sponsors, including romantic or sexual, while the child is in ORR care, nor at any point following the child’s discharge until the former unaccompanied child turns 21 years old. Requests for exceptions or notifications for possible conflicts of interest related to cohabitation (i.e., where staff is a confirmed relative of the child or sponsor, or where staff seek to potentially sponsor a child) must be submitted in writing to, and approved by, the ORR Project Officer and Federal Field Specialist;

· Additionally, if a staff member has a pre-existing relationship with a child, their family, or their sponsor that pre-dates the child’s referral to ORR care and custody, the staff member must disclose that fact to the care provider, and the care provider must seek guidance from the assigned Project Officer and Federal Field Specialist on how to proceed.

· Staff must report knowledge, suspicion, or information about sexual abuse, sexual harassment, inappropriate sexual behavior, or any other form of abuse or neglect according to mandatory reporting laws, Federal laws and regulations, and ORR policies and procedures;

· Staff may not threaten children with incident reporting or behavioral notes to regulate their behavior or for any other reason;

· Staff may not threaten children with legal, immigration, sponsor unification, or asylum case consequences to regulate their behavior or for any other reason;

· Staff with knowledge or information of other staff violating this Code of Conduct must report this knowledge or information to the appropriate care provider contact;

· Staff have a continuing affirmative duty to disclose any misconduct they witness that occurs on or off duty to the appropriate care provider contact;

· Staff have a continuing affirmative duty to self-disclose their own misconduct that occurs on or off duty, such as an arrest, to the appropriate care provider contact;

· Staff may not attempt, or express an intent, to violate any part of this Code of Conduct.

· Staff will not exchange letters, gifts, pictures, personal phone numbers, personal e-mail addresses, or social media information with children, their family, or their sponsor while the child is in ORR care, nor at any point post-release until the former unaccompanied child is 21 years old. Requests for exceptions, or notifications for possible conflicts of interest, must be submitted in writing to, and approved by, care provider management.

· Appropriate requests for exceptions include, but are not limited to, craft items or pictures made during recreation time with children or parting gifts from children upon release from ORR care.

Children shall not be subjected to corporal punishment, humiliation, mental abuse, or punitive interference with the daily functions of living, such as eating or sleeping. Any sanctions employed shall not: (1) adversely affect either a child's health, or physical or psychological well-being; or (2) deny child’s regular meals, sufficient sleep, exercise, health care, correspondence privileges, or legal assistance. The Contractor must immediately remove any staff member who violates this Code of Conduct from the site. The Contractor must suspend any staff member suspected of violating this Code of Conduct pending investigation.

Regardless of whether staff is counted in the child/caregiver ratio, each employee must, in the absence of a more specific rule requirement, demonstrate competency, prudent judgment, and self-control in the presence of children and when performing assigned responsibilities.

6.1.2 Unaccompanied Children Orientation

Upon admission, the Contractor shall provide unaccompanied children with a comprehensive orientation regarding program intent, services, rules (written and verbal), expectations and the availability of legal assistance.

6.1.2.1 Unaccompanied Children Policy Guide Section 3.2.2 Orientation:

6.1.2.1.1 Care providers must have a standardized orientation that is provided to all admitted unaccompanied children. The orientation must be provided within 48 hours of admission and must be presented in a fashion that is appropriate for the age, culture, and language of the child or youth. The orientation must be provided in formats that are accessible to unaccompanied children who are limited English proficient, deaf, visually impaired, or otherwise disabled, as well as those who have limited reading skills.

6.1.2.1.2 If the unaccompanied child is not literate, the care provider must verbally explain all the documents in the unaccompanied children’s native or preferred language. If forms are not translated into a language that the unaccompanied child can read, the care provider staff must verbally interpret the document for the child or youth. Care providers lacking staff who speak unaccompanied children’s native or preferred language must make every attempt to utilize a professional interpretation service for the unaccompanied children’s orientation. In cases where no such service exists, or is unavailable, then care providers must immediately consult with the ORR FFS, the Care Coordinator, and other relevant stakeholders to create and implement a strategy for communicating with the child as effectively as possible.

6.1.2.1.3 The orientation shall also address Unaccompanied Children Policy Guide Section 4.7.1 Educating Children and Youth on Sexual Abuse and Sexual Harassment, which is an orientation on topics related to preventing, detecting, and responding to sexual abuse and harassment. The Contractor must also provide a refresher orientation to children every 90 days from the initial orientation. The orientation must include, at a minimum, the following topics:

· The care provider’s zero tolerance policy towards sexual abuse and sexual harassment;

· The child’s right to be free from sexual abuse or sexual harassment.

· The child’s right to be free from retaliation for reporting sexual abuse or sexual harassment.

· The child’s rights and responsibilities related to sexual abuse and sexual harassment.

· Definitions, explanations, and examples: child on child sexual abuse, adult on child sexual abuse, coercive sexual activity, inappropriate sexual behavior, appropriate and inappropriate relationships, and sexual harassment;

· How to report sexual abuse and sexual harassment, including:

· Reporting to any care provider staff member, volunteer, or contractor either verbally, in writing, or via a grievance.

· Reporting to ORR by telling an ORR FFS or calling the ORR Hotline; or i

· nforming an outside community service provider via telephone or in writing.

· Reporting to consular officials via telephone or in writing.

· The child’s right to receive treatment, services, and counseling if the child has been sexually abused or harassed and what those services include; and

· Boundaries and respecting one another.

· In accordance with Unaccompanied Children Policy Guide Section 4.2.2 Care Provider Requirements, the orientation must be provided by properly trained care provider staff in an age and culturally appropriate manner and in a language that the child understands. The orientation must be separate from any immigration-related orientation that a child receives. The care provider must document the completion of the orientation and any refresher orientations in the child’s case file.

· As part of the orientation, the Contractor provides the Garza Notice and the child-friendly Garza Notice Infographic to all non-tender age girls verbally and in writing, as well as the ORR Pamphlet (What You Need to Know About Sexual Abuse and Harassment). The Garza Notice and the child-friendly Garza Notice Infographic must be reviewed on a case-by-case basis with tender age children who have reached sexual maturity or who have reported risk factors for sexual abuse, as well as with children who were assigned female at birth but who do not identify as a female (e.g., unaccompanied children who identify as a boy or non-binary). Care must be taken to use trauma-informed, age-appropriate language that is sensitive to the child’s developmental stage and individual needs.

6.1.2.1.4 As part of the orientation, the Contractor must also provide unaccompanied children a tour of the facility and note emergency evacuation routes and exits. The orientation must include the following information: an explanation of the nature of the unaccompanied children’s custody in ORR; the care provider’s rules, responsibilities, and procedures; the unaccompanied children’s rights and responsibilities, including general legal-related information; the care provider’s behavior management policies; the care provider’s grievance policies and procedures; emergency and evacuation procedures; and other policies and procedures to help the child adjust to the new setting. The tour shall also include distribution of Prevention of Sexual Abuse (PSA) pamphlets and presentation of PSA Posters with Unaccompanied Children Sexual Abuse hotline and other reporting numbers, as well as the pre-programmed phones for kids to report sexual abuse and harassment.

6.1.3 Case Management Services (Optional Task)

The contractor shall provide on-site case management services to meet the unique needs of the unaccompanied children. For the purposes of this statement of work, case management includes services related to supporting all activities related to the unification of unaccompanied children with an ORR-approved, vetted sponsor. A combination of in-person and distance/virtual-based assistance is appropriate as determined by the COR. This will include services related to supporting unaccompanied children’s behavioral health needs including referral and access to services include counseling and other supportive services.

· The Contractor and its personnel shall comply with all applicable State child welfare laws and regulations, and all State and local health and safety codes. The contractor and its care providers shall deliver services in a manner that is sensitive to the age, culture, native language, and needs of each unaccompanied child. The contractor shall develop an Individual Service Plan for the care of each child (UC Policy Guide Section 3.3 Care Provider Required Services).

· UC Policy Guide UC MAP Section3.2.1 Admissions for Unaccompanied Children covers the initial intake assessment for the unaccompanied children:

After obtaining physical custody of a child, the care provider must immediately ensure the physical and mental well-being of the child by:

· Ensuring that the child receives food and beverages and bathes or showers within two hours of entering the care provider facility.

· Providing the child, at a minimum, with the following items: clean clothing, clean bedding, and personal hygiene items.

· Assisting the child in contacting family members or other relatives, if contact is considered safe, following ORR and the care provider’s internal safety procedures.

· Ensuring that to the extent practical under the circumstances, the child eats and bathes before interacting with other children.

· Ensuring that the child receives a complete initial medical exam, including screening for infectious diseases by a licensed physician or physician’s assistant, within 48 hours of admission (excluding weekends and holidays).

· Creating an inventory list for all cash and other property obtained from the child upon admission.

To identify any of the child’s immediate needs or issues, a trained staff member with the care provider must use the Initial Intakes Assessment to interview the child within 24 hours of the child’s admission to the facility. The Initial Intakes Assessment guides the interviewer through a series of questions to obtain information about family members, any immediate medical or mental health concerns, current medications, and any concerns about personal safety that the child may have at that time.

Prior to interviewing the child using the Initial Intakes Assessment, the care provider informs the youth that providing honest answers to all assessments is essential. The care provider also informs the child that self-disclosure of previously unreported criminal history or violent behavior to any other children, care provider staff, ORR, or others, may result in the child’s transfer to another…