LAB Statement of Work 02172022.pdf

EOIR Legal Access Program at the Border Statement of Work

(Last update 2/17/2022)

I. Introduction

The Legal Access at the Border (LAB) program is offered through the Executive Office for Immigration Review (EOIR) in coordination with the Department of Homeland Security (DHS).

The purpose of this program is to improve the efficiency and effectiveness of EOIR Immigration Court proceedings by providing legal services to noncitizens who are processed for enrollment into the Migrant Protection Protocols (MPP) along the U.S. Southwest Border. The objective of the LAB is to provide legal services to all interested MPP enrollees held in DHS custody within 24 hours of their enrollment in the MPP. The legal services (“LAB services”) will include general information and presentations (legal orientation) about:

1. Options and procedures related to remaining in the United States during the pendency of removal proceedings, such as the non-refoulement interview (NRI) before U.S.

Citizenship & Immigration Services (USCIS); and

2. Immigration court practices and procedures, relief and protection from removal, and other relevant resources.

The Government will issue one or more contract(s).

II. Scope

The Contractor shall provide LAB services through contractor-provided remote technology (e.g.

live video/telephone) to noncitizens held in DHS custody at U.S. Customs and Border Protection (CBP) facilities in one or more of the following seven (7) geographic locations.

1. San Diego and Calexico, California

2. El Paso, Texas and Nogales, Arizona

3. Laredo and Eagle Pass, Texas

Brownsville, Texas

The anticipated number of noncitizens to serve in each location is detailed in the attached Appendix A.

The Government, in consultation with the Contractor, will determine a start service date of not more than 60 calendar days from award to begin services at the above locations. Upon the Contractor’s request, and with evidence of meaningful attempts to begin services, the Government may extend the timeline established in increments of 30 days, not to exceed two (2) extensions.

The period of performance for the above locations is 12 months from the award date.

III. Tasks

The contractor shall perform the following tasks:

(1) Within fourteen (14) days of award, the Contractor shall submit to the Government a

Program Operation Plan (POP) for each LAB location proposed, to include the structure and schedule for Individual Orientations, and Pro Bono referrals, as defined in sections III.(5),(6),(11), and (12).

(2) In coordination with the COR and other Government representatives (i.e., EOIR, DHS, etc.), the Contractor shall implement the program at the designated locations in this contract. In this regard, the Contractor shall work collaboratively and maintain positive working relationships with governmental agencies, such as DHS and EOIR, and private non-profit agencies and pro bono attorneys who regularly provide legal services to noncitizens in removal and other immigration proceedings before EOIR and USCIS. At all times, the Contractor’s staff shall present a professional appearance and demeanor and shall be helpful and courteous when providing services.

(3) Within 30 days of award, the Contractor shall develop essential written and/or recorded materials for EOIR review and approval for distribution through LAB services. These materials will include draft oral presentation scripts, intake forms, and summary of information about MPP and Asylum/Withholding and Convention Against Torture protection. In consultation with and approval by the Government, the Contractor shall develop additional written and/or recorded materials as deemed necessary. The Contractor shall not distribute materials that have not received approval from the COR.

The Government will review written and recorded materials within seven (7) business days of its receipt.

(4) Subject to applicable privacy and confidentiality laws and consistent with any necessary clearances, the Contractor should review in advance available information on noncitizens who are or may be enrolled in the MPP and who are or may be scheduled to appear at an NRI interview in order to make necessary preparations for services to be provided and facilitate performance of the contract.

(5) The Contractor shall provide Individual Orientations to all noncitizens who are not represented by counsel and who request LAB services. The Contractor shall make these services available when a noncitizen is enrolled by DHS into MPP, as well as during the 24-hour consultation period after a noncitizen is scheduled for an NRI. Individual Orientations shall be provided every day of the week on a fixed schedule each day, during the hours with the highest anticipated demand. These times will be determined by mutual agreement between the Government and the Contractor.

a. Individual Orientations shall provide detailed and specialized legal information.

individual orientations must include information about 1) the MPP process, including the NRI; 2) Asylum, Withholding of Removal and protection under the Convention Against Torture; 3) the immigration court process; and 4) other available legal options and services.

b. Prior to the start of the Individual Orientation, the Contractor shall verbally notify those receiving an individual orientation that they are not the unrepresented noncitizen’s legal representative. In this regard, the Contractor may respond to an unrepresented noncitizen’s questions that are general in nature. The Contractor may only respond to questions specific to an immigration case or specific factual scenario by providing general information or a referral to a legal representative.

The Contractor must take great care to ensure that individual orientations and responses to any questions do not constitute legal advice, and shall avoid all appearances of representation to the unrepresented noncitizen.

c. The average duration of an Individual Orientation is 30 minutes, but can vary according to the noncitizen’s needs, the number and complexity of the questions posed, and the number of noncitizens who request an Individual Orientation.

d. The number of Individual Orientations to be provided by the Contractor will be based on the anticipated number of MPP enrollees in each location, as detailed in Appendix A, at an estimated rate of one Individual Orientation per 30 minutes.

(6) Individual Orientations shall also be provided for the purpose of:

a. Identifying cases for possible pro bono representation; and

b. Distributing EOIR approved self-help legal materials.

(7) The Contractor presenters shall be attorneys, DOJ Accredited Representatives with full accreditation (as defined under 8 C.F.R. sections 1292.12), or other Contractor staff, such as paralegals, working under the direct supervision of an attorney or DOJ Accredited Representative with full accreditation, with reasonable exceptions to be approved by the COR. Direct supervision means that an attorney or fully accredited representative is available to the Contractor staff by phone/internet call within five minutes of Contractor staff sending notice of a need for contact.

(8) The Contractor shall conduct LAB services in the language most appropriate for the noncitizen served. If the noncitizen does not understand the language in which LAB services are conducted, the Contractor shall provide interpreters and written and/or recorded materials in the language understood by the noncitizen at the time of the Individual Orientation. The Contractor should have staff bilingual in the English and Spanish languages in order to serve the estimated 90% of noncitizens who are conversant in these languages.

(9) The Contractor shall explain to all unrepresented noncitizens receiving LAB services that the presenter is affiliated with the Contractor/Subcontractor organization, and that the program is funded by EOIR. Explain further that the presenter is not the attorney or representative of the noncitizen(s). Presenters should not deviate from the EOIR-approved informational topics or materials, with the understanding that information is often provided in a conversational tone and may need to be presented in a variety of ways for comprehension. The presenter shall also obtain verbal acknowledgment from each unrepresented noncitizen stating, in effect, that they (a) understand the presenter is not the attorney or representative of the noncitizen, (b) have voluntarily given their information, and (c) understand that the program cannot guarantee pro bono representation in their case.

(10) The Contractor may design and distribute to noncitizens appropriate written and/or recorded legal orientation information, self-help and other relevant and informative materials. All such materials intended for distribution or that are distributed to noncitizens under this agreement must be pre-approved by the COR.

(11) Within 60 days of award, the Contractor shall develop a Pro Bono Referral Plan to promote and facilitate pro bono representation for unrepresented noncitizens served. Pro Bono Plans generally include pro bono attorney recruitment strategies such as outreach to local attorneys, bar associations, other legal service providers and law school clinics to cultivate an interest in pro bono work and provide opportunities for training and mentorship. The Pro Bono Referral Plan must be pre-approved by the COR, and the COR will review the plan within seven (7) business days.

(12) The Contractor shall provide LAB case referrals to available pro bono legal and other relevant services. The Contractor shall exercise care to avoid the perception that such referrals constitute representation. In order for the Contractor to release information and/or documents collected during the performance of services under this task order to any third party, including for purposes of pro bono referral and placement, the Contractor must obtain written (hard copy or electronic signature) consent from the unrepresented noncitizen. The consent to disclosure of information must meet Privacy Act requirements such as those provided in Form EOIR-59, and comply with the Immigration and Nationality Act and 8 CFR 1208.6, where applicable. The COR will review the consent language within seven (7) business days.

(13) The Contractor shall provide training and logistical planning and execution for all essential participants in the program, including Contractor/Subcontractor staff and key management staff. This training may be in the form of a conference, a series of on-site training programs for small groups, and/or other means such as virtual trainings, individual phone consultations and group conference calls. The training to be provided may cover immigration law and procedure, and on other topics as may be necessary to provide the required services. For all virtual training, the Contractor must provide access to the technology necessary to facilitate participation. The Government will augment training as necessary to provide relevant instruction on practices, procedures, and other information not readily available to non-Government officials. The Contractor shall provide a training plan to the COR within sixty (60) days of award. The COR will review the training plan within seven (7) business days.

(14) Within seven (7) days of an incident with potential to disrupt Contractor compliance with the contract, or as soon as reasonably possible, report to the COR via email or telephone, any problems that arise related to the performance of the specific tasks in this contract, and consult with the COR regarding resolution of such problems.

(15) Coordinate with the COR to conduct evaluations (annual, or as needed), of each service location by the COR and/or the Contractor to monitor performance and provide feedback regarding observed performance.

(16) Monthly Reports. The Contractor shall submit a program management progress report on a monthly basis to the COR listing the following services conducted pursuant to this contract over the previous month and cumulatively since the beginning of the period of performance, including (i) the number of Individual Orientations; (ii) the total number of noncitizens served; (iii) the number of pro bono placements made; and (iv) other data as mutually agreed upon by the Contractor and the Government.

(17) The Government shall have full access to data collected for the performance of the task order not otherwise protected by attorney-client privilege or other relevant laws, and can request ad hoc reports with 10 business days of notice to the Contractor unless the COR approves an extension.

(18) The Contractor shall participate in monthly conference calls with the Government to discuss program operations and performance, and at any other time when either party believes it is necessary.

IV. Contractor Furnished Equipment

The Contractor shall provide all required equipment for provision of remote (i.e., virtual) live LAB services for use in CBP facilities. The equipment may include laptop computers, tablet computers, mobile telephones, headphones, signature scanners, and mobile Wi-Fi hot-spot devices, or other equipment need by the Contractor to perform the services effectively. All equipment must be approved by EOIR prior to use in CBP facilities. Contractor equipment and technology must meet the requirements at VII.(C) below.

V. Government Furnished Property and Space

Regarding the use of Government-controlled space for purposes of providing Individual Orientations, the Government will ensure the Contractor’s telephonic or video communication technology/equipment is available in a space suitable for private discussions within the Government-controlled space. The Government will also ensure noncitizen access to the space where orientations take place via telephonic and/or video communication technology/equipment.

VI. Personnel Security

(a) The personnel security requirements of this contract are set forth in Appendix B: Personnel

Security Requirements for Contractor Employees (OBD) (Aug 2021)

(b) The Security Programs Manager (SPM) is designated to coordinate those aspects of this contract which pertain to obtaining and maintaining security clearances at the appropriate levels for Contractor personnel performing hereunder.

(c) The SPM for this BPA is: Jason Young. Contact information shall be included at time of award.

VII. Compliance with Information Technology Security Policies, Procedures and Requirements

A. For all Covered Information Systems, Contractor shall comply with the following security requirements, derived from the regulations and guidance found in the Federal Information Security Management Act of 2014 (“FISMA”), Privacy Act of 1974, E- Government Act of 2002, National Institute of Standards and Technology (“NIST”) Special Publications (“SP”), including NIST SP 800-37, 800-53, and 800-60 Volumes I and II, Federal Information Processing Standards (“FIPS”) Publications 140-2, 199, and 200, OMB Memoranda, Federal Risk and Authorization Management Program (“FedRAMP”), DOJ IT Security Standards, including DOJ Order 0904 as amended.

These requirements are:

(1) Limiting access to PII and Covered Information Systems to authorized users and to transactions and functions that authorized users are permitted to exercise;

(2) Providing security awareness training including, but not limited to, recognizing and reporting potential indicators of insider threats to users and managers of PII and Covered Information Systems;

(3) Creating, protecting, and retaining Covered Information System audit records, reports, and supporting documentation to enable reviewing, monitoring, analysis, investigation, reconstruction, and reporting of unlawful, unauthorized, or inappropriate activity related to such Covered Information Systems and/or PII ;

(4) Performing monitoring on all Covered Information Systems;

(5) Establishing and maintaining baseline configurations and inventories of Covered Information Systems, including hardware, software, firmware, and documentation, throughout the Information System Development Lifecycle, and establishing and enforcing security configuration settings for IT products employed in Information Systems;

(6) Ensuring appropriate contingency planning has been performed, including Covered Information System backups;

(7) Identifying Covered Information System users, processes acting on behalf of users, or devices, and authenticating and verifying the identities of such users, processes, or devices, using multifactor authentication or HSPD-12 compliant authentication methods where required by the COR;

(8) Establishing an operational incident handling capability for Covered Information Systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities, and tracking, documenting, and reporting incidents to appropriate officials and authorities within Contractor’s organization and the DOJ;

(9) Performing periodic and timely maintenance on Covered Information Systems, and providing effective controls on tools, techniques, mechanisms, and personnel used to conduct such maintenance;

(10) Protecting Covered Information System media containing PII, including paper, digital and electronic media; limiting access to PII to authorized users; and sanitizing or destroying Covered Information System media containing PII before disposal, release or reuse of such media;

(11) Limiting physical access to Covered Information Systems, equipment, and physical facilities housing such Covered Information Systems to authorized individuals unless a waiver has been granted by the Contracting Officer (“CO”), and protecting the physical facilities and support infrastructure for such Information Systems;

(12) Screening individuals prior to authorizing access to Covered Information Systems to ensure compliance with security standards;

(13) Assessing the risk to PII in Covered Information Systems periodically, including scanning for vulnerabilities and remediating such vulnerabilities and ensuring the timely removal of assets no longer supported by the Contractor;

(14) Assessing the security controls of Covered Information Systems periodically to determine if the controls are effective in their application, developing and implementing plans of action designed to correct deficiencies and eliminate or reduce vulnerabilities in such Information Systems, and monitoring security controls on an ongoing basis to ensure the continued effectiveness of the controls;

(15) Monitoring, controlling, and protecting information transmitted or received by Covered Information Systems at the external boundaries and key internal boundaries of such Information Systems, and employing architectural designs, software development techniques, and systems engineering principles that promote effective security; and

(16) Identifying, reporting, and correcting Covered Information System security flaws in a timely manner, providing protection from malicious code at appropriate locations, monitoring security alerts and advisories and taking appropriate action in response.

B. When requested by the DOJ CO or COR, or other DOJ official as described below, in connection with DOJ’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of DOJ Information, Contractor shall provide DOJ, including the Office of Inspector General (“OIG”) and Federal law enforcement components, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor’s facilities, installations, systems, operations, documents, records, and databases, in each case, except where protected by Institutional Review Board (IRB) restrictions, attorney/client privilege and other applicable laws, or where the information is collected from an individual with his/her consent. Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by DOJ or agents acting on behalf of DOJ, and such access shall be provided within 96 hours of the request. Additionally, Contractor shall cooperate with DOJ’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of DOJ Information.

C. The use of Contractor-owned laptops or other portable digital or electronic media to process or store DOJ Information covered by this clause is prohibited until Contractor provides a letter to the DOJ CO, and obtains the CO’s approval, certifying compliance with the following requirements:

(1) Media must be encrypted using a NIST FIPS 140-2 approved product;

(2) Contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

(3) Where applicable, media must utilize antivirus software and a host-based firewall mechanism;

(4) Contractor must log all computer-readable data extracts from databases holding sensitive unclassified information and verify that each extract including such data has been erased within 90 days of extraction or that its use is still required; and,

(5) A Rules of Behavior (“ROB”) form must be signed by users. These rules must address, at a minimum, authorized and official use, prohibition against unauthorized users and use, and the protection of sensitive unclassified Information. The form also must notify the user that he or she has no reasonable expectation of privacy regarding any communications transmitted through or data stored on Contractor- owned laptops or other portable digital or electronic media.

D. When no longer needed, all media must be processed (sanitized, degaussed, or destroyed) in accordance with DOJ security requirements.

E. Contractor must keep an accurate inventory of digital or electronic media used in the performance of DOJ contracts.

F. Contractor must remove all DOJ Information from Contractor media and return all such information to the DOJ within 15 days of the expiration or termination of the contract, unless otherwise extended by the CO, or waived (in part or whole) by the CO, and except where protected by Institutional Review Board (IRB) restrictions, attorney/client privilege and other applicable laws, or where the information is collected from an individual with his/her consent. All such information shall be returned to the DOJ in a format and form acceptable to the DOJ. The removal and return of all DOJ Information must be accomplished in accordance with DOJ IT Security Standard requirements, and an official of the Contractor shall provide a written certification certifying the removal and return of all such information to the CO within 15 days of the removal and return of all DOJ Information.

G. DOJ, at its reasonable discretion, may suspend Contractor’s access to any DOJ

Information, or terminate the contract, when DOJ reasonably suspects that Contractor has failed to comply with any security requirement in this contract, or in the event of an Information System Security Incident (see Section 11.2.6(e)), where the Department determines that either event gives cause for such action. The suspension of access to DOJ Information may last until such time as DOJ, in its sole discretion, determines that the situation giving rise to such action has been corrected or no longer exists; provided that Contractor’s obligations hereunder with respect to such information will be suspended until such access is restored. Contractor understands that any suspension or termination in accordance with this provision shall be at no cost to the DOJ, and that upon request by the CO, Contractor must immediately return all DOJ Information to DOJ, as well as any media upon which DOJ Information resides, at Contractor’s expense, except where protected by Institutional Review Board (IRB) restrictions, attorney/client privilege and other applicable laws, or where the information is collected from an individual with his/her consent.

H. Cloud Computing means an Information System having the essential characteristics described in NIST SP 800-145, The NIST Definition of Cloud Computing. For the sake of this provision and clause, Cloud Computing includes Software as a Service, Platform as a Service, and Infrastructure as a Service, and deployment in a Private

Cloud, Community Cloud, Public Cloud, or Hybrid Cloud.

1. Contractor may not utilize the Cloud system of any CSP unless:

2. The Cloud system and CSP have been evaluated and approved by a 3PAO certified under FedRAMP; or,

3. If not certified under FedRAMP, the Cloud System and CSP have received an ATO signed by the Authorizing Official for the DOJ component responsible for maintaining the security, confidentiality, integrity, and availability of the DOJ Information under the BPA.

4. Contractor must use reasonable efforts to ensure that the CSP allows

DOJ to access and retrieve any DOJ Information processed, stored or transmitted in a Cloud system under this contract within a reasonable time of any such request. To ensure that the DOJ can fully and appropriately search and retrieve DOJ Information from the Cloud system, access shall include any schemas, meta-data, and other associated data artifacts.

I. Information System Security Breach or Incident

(a) Definitions

(1) Confirmed Security Breach (hereinafter, “Confirmed Breach”) means any confirmed unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any DOJ Information accessed by, retrievable from, processed by, stored on, or transmitted within, to or from any such system.

(2) Potential Security Breach (hereinafter, “Potential Breach”) means any suspected, but unconfirmed, Covered Information System Security Breach.

(3) Security Incident means any Confirmed or Potential Covered Information System Security Breach.

(b) Confirmed Breach. Contractor shall immediately (and in no event later than within 1 hour of discovery) report any Confirmed Breach to the DOJ CO and the CO's Representative (“COR”). If the Confirmed Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call DOJ-CERT at 1-866-US4-CERT (1- 866- 874-2378) immediately (and in no event later than within 1 hour of discovery of the Confirmed Breach), and shall notify the CO and COR as soon as practicable.

(c) Potential Breach.

(1) Contractor shall report any Potential Breach within 96 hours of detection to the DOJ CO and the COR, unless Contractor has (a) completed its investigation of the Potential Breach in accordance with its own internal policies and procedures for identification, investigation and mitigation of Security Incidents and (b) determined that there has been no Confirmed Breach.

(2) If Contractor has not made a determination within 96 hours of detection of the Potential Breach whether an Confirmed Breach has occurred, Contractor shall report the Potential Breach to the DOJ CO and COR within one-hour (i.e., 97 hours from detection of the Potential Breach). If the time by which to report the Potential Breach occurs outside of regular business hours and/or neither the DOJ CO nor the COR can be reached, Contractor must call the DOJ Computer Emergency Readiness Team (DOJ-CERT) at 1-866-US4-CERT (1- 866-874-2378) within one-hour (i.e., 73 hours from detection of the Potential Breach) and contact the DOJ CO and COR as soon as practicable.

(d) Any report submitted in accordance with paragraphs (B) and (C), above, shall identify (1) both the Information Systems and DOJ Information involved or at risk, including the type, amount, and level of sensitivity of the DOJ Information and, if the DOJ Information contains PII, the estimated number of unique instances of PII, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the US-CERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the DOJ. Contractor shall continue to provide written updates to the DOJ CO regarding the status of the Security Incident at least every seven (7) calendar days until informed otherwise by the DOJ CO.

(e) All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security Incident will be made by DOJ senior officials or the DOJ Core Management Team at DOJ’s discretion.

(f) Upon notification of a Confirmed Breach in accordance with this section, Contractor must provide to DOJ access to any affected or potentially affected facility and/or Information System as reasonably required to resolve the Confirmed Breach, including access by the DOJ OIG and Federal law enforcement organizations, and undertake any and all response actions DOJ reasonably determines are required to ensure the protection of DOJ Information, including providing all requested images, log files, and event information to facilitate rapid resolution of any Confirmed Breach.

(g) DOJ, at its sole discretion, may obtain, and Contractor will permit, the assistance of other federal agencies and/or third party contractors or firms to aid in response activities related to any Security Incident.

(h) Response activities related to any Security Incident undertaken by DOJ, including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction of DOJ, may include inspections, investigations, forensic reviews, data analyses and processing, and final determinations of responsibility for the Security Incident and/or liability for any additional response activities.

J. Personally Identifiable Information Notification Requirement

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information (“PII”) was, or is reasonably determined by DOJ to have been, compromised. Any notification shall be coordinated with the DOJ CO and shall not proceed until the DOJ has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordinated with, and subject to the approval of, DOJ. Contractor shall be responsible for taking corrective action consistent with DOJ Data Breach Notification Procedures and as directed by the DOJ CO, including all costs and expenses associated with such corrective action, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised.

K. Pass-through of Security Requirements to Subcontractors

The requirements set forth in the preceding paragraphs of this clause apply to all subcontractors who perform work in connection with this contract, and Contractor shall flow down this clause to all subcontractors performing under this contract. Any breach by any subcontractor of any of the provisions set forth in this clause will be attributed to Contractor.

L. Confidentiality of Data

(a) Duplication or disclosure of the data and other information to which the Contractor will have access as a result of this contract is prohibited, unless authorized by the Contracting Officer or as required for performance of this contract. This provision does not apply to data or other information obtained from individuals served under the contract for purposes of referral to potential pro bono counsel. The terms “Contractor” and “contract employee” in this clause include all entities and individuals that will perform under this contract requiring access to sensitive unclassified information, including the Contractor, team member, subcontractor, consultant, and/or independent contractor. It is understood that throughout performance of this contract, the Contractor will have access to confidential data which is either the sole property of the Department of Justice or is the sole property of other than the contracting parties. The Contractor agrees to maintain the confidentiality of all data to which access may be gained throughout performance of this contract, whether title thereto vests in the Department of Justice or otherwise.

The Contractor agrees not to disclose or divulge any such information except to persons who: 1) Have a DOJ security approval; 2) have signed the DOJ Non- Disclosure Agreement; and 3) have a need to know.

This limitation specifically applies to Contractor’s management chain, or personnel who have access to sensitive unclassified information.

(b) The Contractor agrees to not disclose said data, any interpretations and/or translations thereof, or data derivative there from, to unauthorized parties in contravention of these provisions, without the prior written approval of the Contracting Officer or the party in which title thereto is wholly vested. The Contractor may be held responsible for any violations of confidentiality.

(c) The Contractor agrees that upon termination of the contract, it has no property or possessory right to any of the correspondence, files or materials, of whatever kind and description, or any copies or duplicates of such, whether developed/prepared by him or furnished by the technical office in connection with the performance of this contract; and that, upon demand, the Contractor will surrender immediately to the COR such items, matters, materials, and copies, except where protected by Institutional Review Board (IRB) restrictions, attorney/client privilege and other applicable laws, or where the information is collected from an individual with his/her consent or where made public pursuant to Clause 2.5.1(A)(5)(c) of this Agreement.

(d) All contract employees who will have access to sensitive unclassified information will be asked to sign a Confidentiality Agreement. It is the responsibility of the Contractor to assure that such Agreements have been signed before access to sensitive unclassified information is permitted.

M. Document Management

(a) Upon request, all working documents in either electronic or printed form shall be provided to the COR at the time of contract completion or termination except where protected by Institutional Review Board (IRB) restrictions, attorney/client privilege and other applicable laws, or where the information is collected from an individual with his/her consent. After the completion or termination of the contract, the Contractor shall archive material relating to project management records such as accounting and billing reports, and time sheets. The Contractor may archive other project documents and materials, including the deliverables. However, these documents shall not be disclosed to other parties or be used for any other purpose without the written permission of the COR.

(b) The Contractor shall be responsible for protecting all project documents (including archived documents and materials), either in electronic or printed form, consistent with the overall sensitivity of their respective content.

N. Proprietary Rights – Government Furnished Data and Materials

The DOJ shall retain all rights and privileges, including those of patent and copyright, to all Government furnished data. The Contractor shall neither retain nor reproduce for private or commercial use any data or other materials furnished under this contract other than as is necessary to perform its obligations under the contract. The Contractor agrees not to assert any rights at common law or in equity or establish any claim to statutory copyright in such data. These rights are not exclusive and are in addition to any other rights and remedies to which the Government is otherwise entitled in the contract.

O. Restrictions on Data Produced Under This Contract

(a) The Government shall have unlimited rights, as delineated in FAR Clause 52.227- 14, “Rights in Data – General”, which is hereby incorporated by reference, in all computer software, documentation, and other data developed by the Contractor under this contract.

(b) The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any of the computer software, documentation, and other data developed by the Contractor under this contract, unless granted specific written permission to do so by the Contracting Officer or as required for performance of this contract.

(c) The Government shall have restricted rights, as delineated in Alternate III of FAR Clause 52.227-14, Rights in Data - General, in all restricted computer software furnished by the Contractor under this contract.

(d) The Contractor agrees that upon termination of this contract, whether with or without cause, it may have no property or possessory right to any of the correspondence, files, or materials of whatever kind or description, or any copies or duplicates of such, whether developed or prepared by the Contractor or furnished to the Contractor by the Government in connection with the performance of this contract; and that upon demand, the contractor shall surrender immediately to the Government such items, matters, materials, and copies.

VIII. Failure to Comply

In the event the Contracting Officer or COR finds that the Contractor has failed to comply with the purpose of the LAB or any provision of this Statement of Work, the Contractor’s representative shall be promptly notified in writing of the nature and scope of the identified deficiency. Upon such notice, the Contractor will have 30 days to respond and/or remedy the deficiency before any further action is taken by the Contracting Officer or COR. The Contracting Officer or COR will notify the Contractor, within seven (7) days of any response or attempt to remedy, as to whether the Contractor is still found to be out of compliance with this contract.

IX. See attached Instructions to Offerors for use in preparing your quote.

X. Contracting Officer’s Representative (COR) for this contract: Steven Lang. Contact information shall be included at time of award.

XI. This contract incorporates Federal Acquisition Regulation (FAR) sections 52.212-4 and 52.212.-5 as Appendix C.

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

Appendix A Anticipated Demand for LAB Services by Location

The Contractor must be prepared to provide LAB Individual Orientations to all interested noncitizens in custody at the listed locations, every day of the week on a fixed schedule each day, during the hours with the highest anticipated demand, to meet the following anticipated number of noncitizens:

1. San Diego and Calexico, California – Up to 16 noncitizens per day/7 days per week (approximately 16 noncitizens)

2. El Paso, Texas and Nogales, Arizona – Up to 16 noncitizens per day/7 days per week (approximately 16 noncitizens per day combined)

3. Laredo and Eagle Pass, Texas – Up to 30 noncitizens per day/7 days per week (approximately 30 noncitizens per day combined)

4. Brownsville, Texas – Up to 64 noncitizens per day/7 days per week