J.2 DRAFT Quality Assurance Surveillance Plan.pdf

DRAFT

75ACF123R00004 Quality Assurance Surveillance Plan (QASP) Template

ATTACHMENT J.2: PERFORMANCE REQUIREMENTS SUMMARY (Surveillance Matrix)

For Post-Release legal services for Unaccompanied Children, Post-Release from Office of Refugee Care (ORR) for DHHS/ACF/ORR - Quality Assurance Surveillance Plan (QASP)

PWS Required Services (Tasks)

Performance Task Standards

Methods of Surveillance

Incentive/Dis-incentive

Acceptable Quality Levels

Subtask 1:

Needs assessment

Contractor shall deliver a needs assessment of immigration legal services needs for unaccompanied children in the covered region within sixty (60) days of award. The needs assessment must be updated on a biannual basis.

Direct observation of submission compliance.

COR and SME review of PWS deliverable 1.5.1, initial plus biannual.

Positive/negative performance rating in

CPARS

100%

Subtask 2:

Immigration legal representation

Contractors will provide direct representation to unaccompanied children released from ORR custody.

Contractors will provide representation before EOIR and USCIS, and in related immigration petitions.

This includes areas falling under the jurisdiction of immigration judges, as defined in the Immigration Court Practice Manual, Chapter 1, Section 1.4 Jurisdiction and Authority, and in other areas where the unaccompanied child may seek adjustment of status allowing them to obtain temporary or permanent lawful status in the United States.

Review of Monthly Report and data submitted through tracker/template. This includes random verification of representation via Form L-3 and retainer letters.

Further, review of A#s of represented unaccompanied children, periodic inspections, random observations, and customer complaint follow up.

Positive/negative performance rating in

CPARS

100%

DEPARTMENT OF HEALTH & HUMAN SERVICES

Administration for Children Families

GOVERNMENT CONTRACTING SERVICES

Quality Assurance Surveillance Plan (QASP) Template

75ACF122F80006

Covered activities include adjustment of status based in U.S. law such as obtaining Special Immigrant Juvenile Status (SIJS), T and U T nonimmigrant statuses (T and U Visa), self-petitions under Violence Against Women Act (VAWA), deferred action, relief based on activities related to acting as a material witness, and other immigration-related forms of asylum and family-based petitions for which unaccompanied children may be eligible, as well as any appeals of immigration decisions.

Subtask 3:

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

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

Review of Monthly Report and data submitted through tracker/template. This includes random verification of representation via Form L-3 and retainer letters.

Periodic inspections, and random observations, customer complaint follow up.

Positive/negative performance rating in

CPARS

99%

Subtask 4:

Direct legal services for unaccompanied children released from ORR in applications for custody and guardianship petitions before state courts

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

Review of Monthly Report and data submitted through tracker/template. This includes random verification of representation via Form L-3 and retainer letters.

Periodic inspections, and random observations, customer complaint follow up.

Positive/negative performance rating in

CPARS

99% representation to unaccompanied children in adoption proceedings, if necessary for the child’s immigration case.

Subtask 5:

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

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

Review of Monthly Report and data submitted through tracker/template.

Periodic inspections, and random observations, customer complaint follow up.

Positive/negative performance rating in

CPARS

99%

Subtask 6:

Oversee and coordinate qualified pro bono representation and related services for eligible unaccompanied children in their immigration proceedings in the covered geographic region of the United States.

Contractors shall maximize the use, including identification, training, and deployment, of volunteer attorneys and non-attorneys wherever possible for both representational and nonrepresentational legal services under this contract for eligible unaccompanied children released from ORR custody, as appropriate to any given service or child.

Contractors shall build and maintain a roster of attorney and non-attorney volunteers who can undertake legal services with the Contractors’ mentorship, as required, for any children or cases suitable for pro bono involvement.

Contractors shall screen and regularly update the screening of each volunteer to ensure they meet appropriate standards for

Review of Monthly Report and data submitted through tracker/template.

Periodic inspections, and random observations, customer complaint follow up.

Positive/negative performance rating in undertaking activities under the contract.

Contractors shall assess prospective pro bono attorneys’ skills, experience, availability, and interest in working with children.

Contractors shall also confirm with state licensing authorities that any prospective pro bono attorney is licensed to practice law and in good standing with the bar of the relevant U.S. state and/or territory and that the attorney is not, and has not been, subject to any disciplinary matters that call into question one’s fitness to represent children in their immigration case.

Subtask 7:

Process to allow ORR and ORR-funded programs to make referrals for eligible UC to receive legal representation

The Contractors will develop a process to allow ORR and ORR-funded programs to make referrals for eligible unaccompanied children to receive legal representation through this initiative. This referral process should also be accessible to unaccompanied children, allowing them to request legal assistance. The contractor will maintain and check a centralized email box, to accept referrals for legal services. The contractor will also share information on how to request legal assistance on a public facing

Review of Monthly Report and data submitted through tracker/templatePeriodic inspections, and random observations, customer complaint follow up.

Positive/negative past-performance rating in platform, such as a webpage. Contractors will coordinate with ORR and other ORR-funded programs, including legal services, to avoid duplication of efforts.

Subtask 8:

Outreach plan to proactively identify released unaccompanied children located in the covered region who are eligible for legal representation and not otherwise receiving covered legal services.

Contractors will develop and execute an outreach plan to proactively identify released unaccompanied children located in the covered region who are eligible for legal representation and not otherwise receiving covered legal services.

Contractor will provide the outreach plan to ORR within 60 days of the award and the outreach plan shall be updated on an annual basis. Contractors will work with ORR, and other government agencies such as EOIR, and community-based groups, such as schools, service providers, religious institutions, etc., to help eligible unaccompanied children learn of the opportunity for legal representation under this effort. Contractor will use innovative outreach and communication methods that are targeted toward the population and will ensure that communication is in the languages spoken by

Direct observation of plan receipt within 60 days of award. Review of Monthly Report and data submitted through tracker/template.

Periodic inspections, and random observations, customer complaint follow up

Positive/negative past-performance rating in unaccompanied children, written in plain language and age appropriate

Subtask 9: Contractors will provide learning and development opportunities for its network to develop expertise in representing released unaccompanied children. Learning and development opportunities should include trainings on immigration law, cultural responsiveness, and child-friendly and trauma-informed service provision.

Contractors will also develop tools, such as quick reference guides and written materials, to distribute to their network and unaccompanied children, as relevant.

Review of Monthly Report and data submitted through tracker/template.

Periodic inspections, and random observations, customer complaint follow up

Positive/negative past-performance rating in

CPARS

99%

Subtask 10:

Data tracking metrics

Contractor will report on metrics identified in the PWS, entered into a template, developed by the government, with the input of the Contractors, within 30 days of case event. In addition, Contractor will provide monthly, biannual, and annual reports, as detailed in the PWS.

Direct observation of initial development, deployment and maintenance of data template/tracker to ensure adequate task/accomplishment reporting. Routine and ad hoc COR/Contractor communications regarding task status and standards.

Positive/negative past-performance rating in

Subtask 11:

Build a system for reporting metrics to

ORR.

Contractor will build a data reporting system for reporting data metrics, as detailed in the PWS.

Direct involvement and oversight of data reporting system development, deployment, and maintenance. Routine and ad hoc COR/Contractor communications regarding task status and standards

Positive/negative past-performance rating in

CPARS

99%

Subtask 12:

Transition plan

The Contractor shall develop a transition plan at Contract closeout and coordinate in the event of changes in Contractor to accommodate any pending immigration relief cases to ensure continuity of services.

The transition-out plan shall facilitate the accomplishment of a seamless transition from the incumbent to the incoming Contractor at the expiration of the current Contract. The Contractor shall provide a transition-out plan no later than 120 calendar days prior to expiration of the current Contract for ORR/COR approval. The Contractor will have 60 days following the expiration of the current Contract to carry out tasks related to invoicing, reporting, and data closeout.

Review submitted transition plan no less than 120 days prior to anticipated contract completion, including termination if applicable. Periodic inspections, and random observations, customer complaint follow up.

Positive/negative past-performance rating in

CPARS

99%

Meetings, communication, and collaboration

Contractor will participate in monthly conference calls with ORR/COR to discuss work under contract and

Direct observation.

Routine and ad hoc COR/Contractor communications regarding task status

Positive/negative past-performance rating in

CPARS

Acceptable Quality Levels reporting metrics. and standards

Compliance with regulations, policies, and procedures

LSPs will adhere to ORR policies and procedures, applicable state licensing requirements, state and federal public health COVID-19 guidance;

where such adherence conflicts with applicable laws, including ethics rules governing attorneys, Contractor and/or LSPs will identify the conflict and provide a plan to support ORR efforts to safeguard the welfare of children. LSPs will adhere to ORR policies and procedures and relevant state law regarding completion of background checks for all contract-funded staff and volunteers working with children in ORR custody. In the event of an attorney-ethics conflict of interest precluding an LSP from delivering required services to an individual child, Contractor and/or the LSP will ensure that child’s access to an alternate provider for required services.

Review of Monthly Report and data submitted through tracker/template.

Routine and ad hoc COR/Contractor communications regarding task status and standards; as needed, submission of conflict identification and plan as described

Positive/negative past-performance rating in

CPARS

Acceptable Quality Levels