PWS.pdf

PERFORMANCE WORK STATEMENT

Revised April 2025

INTRODUCTION

This proposed Performance Work Statement (PWS) describes the specific tasks required to provide legal services for unaccompanied alien children (as defined by section 462(g)(2) of the Homeland Security Act of 2002) in and released from Office of Refugee Resettlement (ORR) custody. The requirements and related content outlined in this proposed PWS were derived from the Statement of Objectives and RFP documentation.

BACKGROUND

ORR’s Unaccompanied Alien Children Program within the Administration for Children and Families provides temporary shelter care and other child welfare related services to unaccompanied alien children

(children) subject to immigration proceedings through a network of providers. ORR only accepts children referred from other Federal entities and houses children in a network of shelters operated by state-licensed entities and other ORR-funded custody providers. Shelter and residential services begin once ORR admits a child for placement and primarily ends when ORR releases the child to a suitable sponsor, when the child turns 18 years of age, or when disposition of the child’s immigration case results in the child’s removal, including voluntary departure, from the United States.

On March 1, 2003, Section 462 of the Homeland Security Act of 2002, 6 U.S.C. § 279, transferred functions regarding the care and placement of unaccompanied alien children under U.S. immigration laws from the Commissioner of the Immigration and Naturalization Service to the Director of ORR. ORR has responsibility for the care and custody of children in federal custody due to their immigration status and their age. ORR is also responsible for the safe and timely release of children to appropriate sponsors. In making release decisions, the Homeland Security Act directs ORR to consider (1) the likelihood of a child’s appearance before all hearings or proceedings; (2) protections from traffickers and others seeking to harm children; and (3) settings that reduce the possibility of a child endangering oneself or others. The

Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, 8 U.S.C. § 1232, further requires a determination that a proposed sponsor is capable of safeguarding a child’s physical and mental well-being.

Further, the TVPRA at 8 U.S.C. § 1232(c)(5) requires: “[T]he Secretary of Health and Human Services shall ensure, to the greatest extent practicable and consistent with section 292 of the Immigration and

Nationality Act (8 U.S.C. 1362), that all ... children who are or have been in the custody of the Secretary or the Secretary of Homeland Security, and who are not described in subsection (a)(2)(A), have counsel to represent them in legal proceedings or matters and protect them from mistreatment, exploitation, and trafficking. To the greatest extent practicable, the Secretary of Health and Human Services shall make every effort to utilize the services of pro bono counsel who agree to provide representation to such children without charge.”

Many children have faced traumatic situations in their home countries, such as severe poverty, violence, torture, gang recruitment and exploitation, human trafficking, domestic violence, abuse, and neglect.

Some children are also very young, have little or no formal education, and are primarily non-English speaking. Therefore, Contractor must ensure all services provided hereunder are attuned to the varied and individual needs of the children, including being developmentally appropriate, culturally competent, and trauma informed.

OBJECTIVES

Contractor shall provide legal services and other assistance to children in and released from ORR care in the sectors defined by ORR. Contractor shall use developmentally appropriate and culturally competent techniques and methods to assist children navigating the complex immigration system to the extent practicable. All services under the Contract shall meet the following six objectives:

• Conduct Know Your Rights presentations (KYR) to inform children of their legal rights and what to expect throughout immigration proceedings.

• Conduct legal screenings to identify forms of legal immigration relief available to children and to assess their need for appropriate services supportive of their legal case.

• Provide or facilitate legal representation and other legal assistance for children for the duration of their immigration case (up to the funded capacity).

• Provide data tracking and reporting to monitor program performance and work to continually improve program service delivery.

• Addressing the gap in representation through recruitment and retention of immigration attorneys.

• Spanish language support & technical assistance training for legal service providers.

Contractor shall consider the following factors in applying its methods and techniques required to achieve each of the aforementioned objectives: locations where ORR shelters operate, locations where sponsors reside (by state and county), locations of Unaccompanied Refugee Minors (URM)

Programs, Health and Human Services (HHS) and ORR regional offices/staff assignments, proximity to large pools of highly qualified, trained legal representatives including attorneys and paralegals, availability of bilingual candidates, access to technological solutions needed to facilitate communication with children and program staff, availability/access to an educated workforce with requisite legal education and experience, and other relevant factors that draw on the Contractor and its subcontractors’ substantive technical experience as outlined in other sections of this response.PERIOD OF PERFORMANCE

The period of performance will consist of a 12-month base period, from August 1, 2025, to July 31, 2026.

GENERAL REQUIREMENTS

Personnel delivering legal services

Contractor shall use legal service providers (LSPs) with requisite training and experience to deliver required legal services to children in and released from ORR care in the below-identified locations in accordance with ORR Policy and this contract. LSPs shall use a workforce, including attorney and non-attorney legal staff and volunteers, with requisite training and experience to competently execute contract tasks. Contractor and LSPs shall provide ongoing training to LSP attorney and non-attorney staff and volunteers, as required to execute contract tasks under this contract, ORR policy, and attorney-ethics rules.

LSPs shall 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 shall identify the conflict and provide a plan to support ORR efforts to safeguard the welfare of children. LSPs shall 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 shall ensure that child’s access to an alternate provider for required services. LSPs shall have access to technological solutions needed to facilitate communication with children and program staff.

Services to be provided

LSPs shall provide children with legal services related to the child’s immigration case, including areas falling under the jurisdiction of immigration judges as defined in Chapter 1, Section 1.5 of the

Immigration Court Practice Manual and in other areas where the child may seek adjustment of status allowing them to obtain temporary or permanent lawful status in the United States. Covered activities include adjustment of status based in United States law such as obtaining Special Immigrant Juvenile

Status (SIJS), Special Immigrant Visas (SIV), T visa, U visa, 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 children may be eligible, as well as appeals of immigration decisions. This also includes helping children seek employment authorization based on their underlying petitions. LSPs shall adhere to ethics rules governing attorneys in carrying out all legal services under this contract, including representing a child’s expressed interest or legal interest, as required by attorney-ethics rules.

LSPs shall use developmentally appropriate, culturally competent, and trauma-informed techniques to deliver required services. Contractor and/or LSPs shall ensure legal services are available in a variety of languages relevant to the children regularly served, including especially in Spanish and English. LSPs shall collaborate with children and any other relevant individuals, including assigned child advocates, as appropriate; a child’s parent or legal guardian or other persons with knowledge of the child’s circumstances, as appropriate; and appropriate subject-matter experts to make any recommendations to the child for action related to the pursuit of immigration relief.

Delivery of legal services

LSPs shall provide comprehensive, high-quality, and efficient delivery of specific legal services to children in and released from ORR custody in the below-identified locations and throughout the United

States.

Contractor and/or LSPs shall coordinate with ORR staff and care providers staff to promote continuity of those services throughout and after ORR custody. Contractor and/or LSPs shall coordinate with ORR staff and care provider staff to ensure Contractor and/or LSPs access to information required for service delivery, such as timely notice of each child’s entry into an ORR facility; transfers between ORR facilities/programs; notice of each child’s release from an ORR custody; and up-to-date, accurate contact information for released children to enable delivery of legal services required after the child’s release, including services designed to promote children’s appearance before immigration court after release.

Contractor and/or LSPs shall serve the maximum number of children possible given available funding and in accordance with ORR directives. Contractor and/or LSPs shall use innovative means and cost-saving methods to promote the equitable distribution of contract-funded services to eligible children, ensuring that each child receives professional and robust representational services to the maximum extent possible.

Contractor shall coordinate with ORR to identify ORR shelter locations and high-release locations for planning purposes. Contractor shall participate in monthly conference calls with ORR/COR to discuss estimated funded capacity, capacity changes, and/or the onboarding of new capacity prior to the opening of care provider programs.

Contractor and LSPs shall provide scalable and responsive services to children throughout fluctuations in numbers of children referred to ORR, including during emergencies and periods of unusually high numbers of children entering ORR custody. Contractor shall seek modification from COR as needed to extend required services to any newly activated ORR facility—including regular, virtual, or emergency (such as emergency reception centers and emergency intake sites)—and Contractor shall initiate said services within thirty (30) days of the Government’s notice of a new facility. Contractor has prepared a Contract

Management Plan on page 40-41 of Volume I, Section 7, Part 1 – Technical Approach to address fluctuations in capacity to include rapid expansion and contraction of services to accommodate fluctuations in ORR’s census and to address potential unexpected increases in the number of child arrivals.

Figure 1: As of contract start, LSP Placement (Dots) in Relation to ORR-Reported Release Counties, FY14-22 (Filled Counties)

Transition plan

Upon ORR/COR request, Contractor shall develop a transition plan and coordinate with the existing LSPs to manage cases currently in process under the existing contract to ensure continuity of services. The deadline to submit any such plan is subject to mutual agreement by ORR/COR and Contractor.

Development of any such plan requires that ORR/COR advise the Contractor as to which services might continue upon contract end. For any services where continuation is anticipated, Contractor shall identify how it shall coordinate with the incoming contractor and/or Government personnel to transfer knowledge.

PROPOSED TASKS AND DELIVERABLES

CLIN 1: KNOW YOUR RIGHTS PRESENTATIONS AND LEGAL SCREENINGS (FFP)

Objective I: Conduct Know Your Rights presentations (KYR) to inform children of their legal rights and what to expect throughout immigration proceedings.

https://www.hhs.gov/programs/social-services/unaccompanied-children-released-to-sponsors-by-county-september-2019.html https://www.hhs.gov/programs/social-services/unaccompanied-children-released-to-sponsors-by-county-november-2021.html https://www.hhs.gov/programs/social-services/unaccompanied-children-released-to-sponsors-by-county-november-2021.html

Objective I (a). KYR delivery timelines: LSPs shall deliver KYR to children within ten (10) business days of a child’s first admission to an ORR facility and ten (10) business days of a child’s transfer to a new ORR facility (except long-term foster care (LTFC) facilities, where LSPs instead shall offer representation or other legal assistance upon a child’s arrival). LSPs shall provide another KYR every six

(6) months for unrepresented children who remain in ORR care at this time interval. LSPs shall deliver

KYRs to children subject to expedited release from ORR custody without having received a KYR in ORR custody; Contractor shall develop an implementation plan for providing such KYRs and submit said plan to the COR within sixty (60) days of the contract start date. LSPs shall provide additional KYRs at the direction of ORR. LSPs shall report in Contractor database any date(s) a KYR was conducted for each child, as outlined in Objective IV.

Objective I (b). KYR method and setting: LSPs shall deliver KYRs in a group setting prior to individual screenings and shall use developmentally appropriate techniques to enhance comprehension and retention, including content tailored to age, role-play, games, and colorful posters and other visuals.

LSPs shall deliver an individualized KYR service as needed for certain children, including those made available to the LSP in a manner that does not permit timely access to a group KYR (e.g., children who arrive at a facility when no other children require the service within the timeframe required under

Objective I (a)); those requiring unique language access services; and those too young to attend a group

KYR.

Objective I (c). KYR content & standards: LSPs shall include in KYRs any ORR-mandated information and information about the immigration court process, including the child’s obligation to attend hearings; children’s legal rights and responsibilities, both in and once released from ORR custody;

forms of immigration relief commonly available to children; and the LSP’s role and that of other agencies and persons involved in the child’s immigration matter. LSPs shall maintain legally accurate and developmentally appropriate KYR materials, including scripts and written handouts, approved by

Contractor before use and tailored to the relevant jurisdiction(s). Contractor shall coordinate with ORR to approve LSP KYRs, including the method and templates used, in a manner aligned with attorney-ethics rules and allowing for jurisdiction-specific content. KYR materials must facilitate continuity of legal services, including information to assist children with accessing legal services upon release from ORR custody. Contractor and/or LSPs shall ensure KYR materials are available in a variety of languages relevant to the children regularly served, especially in Spanish and English. Contractor and/or LSPs shall develop appropriate interactive audiovisual and/or online content for children to supplement KYR service delivery, including information to assist children with accessing legal services upon release from ORR custody.

Objective II: Conduct legal screenings to identify forms of legal immigration relief available to children and to assess their need for appropriate services supportive of their legal case.

Objective II (a). Legal screening delivery timelines: LSPs shall provide legal screenings to children in ORR custody generally within ten (10) business days of a child’s first admission to an ORR facility and ten (10) business days of a child’s transfer to a new ORR facility (except LTFC, where LSPs instead shall offer representation or other legal assistance upon a child’s arrival). LSPs shall provide another legal screening every six (6) months for unrepresented children who remain in ORR care. LSPs must deliver said repeat legal screenings in a manner tailored to the individual child and designed to limit re-traumatization, such as by using the previous legal screening notes as a starting point for the repeat legal screening. Contractor shall facilitate secure transfer of prior legal screening notes from one LSP to another in the event of transfer or release. LSPs shall deliver legal screenings to children subject to expedited release from ORR custody without having received a legal screening in custody. LSPs generally shall limit each legal screening to a total of ten (10) hours, including time spent interviewing and building rapport with a child, preparation associated with identifying legal immigration relief, and after-action documentation. LSPs shall report in Contractor database the date(s) a legal screening was conducted for each child, as outlined in Objective IV.

Objective II (b). Legal screening method and content: LSPs shall deliver legal screenings designed to assess a child’s immigration-related case, including potential forms of immigration relief such as whether the child is a potential victim of trafficking; how best to match the child with representation; and other needs the child might have for appropriate services supportive of their legal case. Contractor must approve

LSPs’ legal screening templates prior to use. LSPs shall deliver legal screenings individually and in a manner that maintains confidentiality. To promote continuity of services, LSPs shall seek consent during each legal screening to share information the child provides, for the purpose of referring that child to a separate legal provider upon the child’s transfer or release. LSPs shall use an interpreter for the legal screening of any child requiring delivery in a language other than English or Spanish. LSPs shall deliver a tailored legal screening service to children unable to engage in a traditional legal screening, including children who are preverbal. This includes gathering information from adults with knowledge of the child’s circumstances to assess the child’s immigration-related case and need for appropriate and necessary services supportive of the legal case. LSPs shall coordinate with ORR staff and care provider staff to identify such children and to access contact information necessary to conduct the required legal screening.

Objective II (c). Legal screening follow-up services: LSPs shall collaborate with assigned child advocates and ORR care providers where possible, to ensure children receive appropriate and necessary services, including children aged 12 and younger, pregnant and/or parenting children, developmentally delayed children, children with no identified sponsor, and children with other vulnerabilities and complexities. At the request of a case manager, LSPs shall prepare a recommendation for preferred placement states for a child being considered for transfer to LTFC, in consultation with and given the consent of the child. Ideally, the list of recommended states shall be ranked in order of the best location for the child to obtain favorable legal relief. The recommendation or, alternatively, notice that the child does not consent shall be provided to the child’s case manager within 14 calendar days of the initial request by a case manager. LSPs shall coordinate with ORR staff and care provider staff to ensure timely identification of children who fall into this category.

CLIN 2: REPRESENTATION, OTHER LEGAL ASSISTANCE, DATA COLLECTION &

ANALYSIS, AND SERVICES AT EMERGENCY FACILITIES (T&M)

Objective III: Provide or facilitate legal representation and other legal assistance for children for the duration of their immigration case (up to the funded capacity).

Objective III (a). Courtroom Assistance: LSPs shall provide courtroom assistance to unrepresented children scheduled to attend immigration court while in ORR custody, including in person or remotely when necessary. Assistance shall be in the form of Friend of Court, a “limited representation” appearance that lasts for the duration of a single hearing, or some similar alternative allowed by the Executive Office for Immigration Review (EOIR). LSPs shall coordinate with ORR staff or care provider staff to gather information required for the LSP to fulfill its court assistance function before EOIR. This includes gathering up-to-date information related to a child’s anticipated transfer or reunification with a sponsor, such as projected timeline.

Objective III (b). Other Legal Assistance: LSPs shall provide other immigration-case-related preparation for unrepresented children, including:

• change of venue or change of address submissions to EOIR;

• immigration court preparation;

• assistance on children’s immigration-related custody or placement, including requests for release on recognizance for children aging out of ORR custody; and

• referrals for legal, child advocate, or other appropriate services supportive of the legal case such as

EOIR-funded Legal Orientation Program for Custodians.

LSPs shall promote continuity of legal services and advance ORR’s goal of universal representation by providing said legal referrals for unrepresented children in and released from ORR custody, including upon a child’s transfer between ORR facilities. For children transferred between ORR facilities, including

LTFC, LSPs shall conduct the legal referral upon transfer through Contractor’s online referral database.

For children released to geographic locations where ORR-funded direct or pro bono representation is available, LSPs shall conduct the legal referral generally within six (6) weeks of the child’s release via

Contractor’s online referral database. This shall ensure the timely delivery of services and promote continuity of legal interventions. For children released to areas where ORR-funded direct or pro bono representation capacity is unavailable, LSPs shall use available resources to identify and connect children with alternate legal service providers providing free or low-cost immigration legal services. Contractor and/or LSPs shall explore options to connect children with remote direct representation where appropriate and in accordance with local and state attorney-licensing standards. LSPs shall maximize efforts to provide a legal referral for each unrepresented child in or released from ORR custody consistent with identified legal relief. Contractor and/or LSPs shall establish a referral mechanism for children released from ORR custody who might later experience human trafficking or other victimization related to the child’s unaccompanied or immigration status.

Objective III (c). Representation: LSPs shall provide direct representation to children in or released from ORR custody, so long as representation is initiated prior to the child’s 18th birthday and before immigration relief is granted. Contractor and/or LSPs shall not use funding under this contract for representation of children in matters unrelated to services identified under this contract or to sue the

United States in any matter, unless expressly waived by ORR/COR in advance. Contractor understands these restrictions are not all inclusive and, as needed, shall seek guidance on the use of contract funding from the COR/CO prior to the execution of tasks. Contractor shall seek said waiver to use legal mechanisms to pursue a child’s expressed or legal interest, including for children subject to prolonged immigration-related custody or awaiting action by an agency to vindicate their legal rights (e.g., mandamus, a key legal mechanism in federal court that can compel the Government to resolve pending immigration applications for children who have waited an inordinate length of time for a decision).

Contractor shall coordinate with ORR/COR to establish a waiver mechanism compliant with attorney-ethics rules, precluding impermissible measures that might undermine privilege; allow a third party or non-attorney to direct or interfere with the attorney-client relationship; interfere with the independent professional judgment of legal counsel; or otherwise curtail children’s ability to timely vindicate their rights.

Under the proposed contract and budget, Contractor shall continue all representation cases pending under

ORR’s current contract for legal services for unaccompanied alien children. Contractor has prepared a

Sustainability Plan on pages 37-40 of Volume I, Section 7, Part 1 – Technical Approach for contract-funded representation cases that emphasizes the availability of assistance through disposition of each immigration case. To maximize availability of representation to the greatest number of children possible, LSPs shall consider each representation under this objective for placement, in whole or in part, with separately funded or pro bono attorneys within or outside their organization, as appropriate for any given child. LSPs, including pro bono attorneys if applicable, shall appear as legal representative in cases initiated under this objective for clients required to appear before any immigration court, including in person or remotely when necessary. Contractor must approve LSPs’ attorney-client retainer agreements for representation under this contract prior to use. Contractor shall collaborate with COR per Objective IV

(e) to ensure monitoring of average cost per case initiated under this contract in line with the

Government’s case cost mark of $8,500 per case. Contractor shall provide cost evaluation analysis to inform the Government’s periodic assessment regarding this average cost to account for changes in court and agency practices, inflation, and other factors that might increase or decrease the necessary resource allocation.

LSPs shall maximize offers of representation to all:

• unrepresented unaccompanied alien children who become enrolled in ORR Unaccompanied

Refugee Minor (URM) programs, provided they have not yet obtained immigration relief

(including related petitions) or reached 18 years of age;

• children upon their placement in a LTFC facility or in a residential treatment center outside a licensed ORR facility and for whom other legal assistance does not satisfy the legal needs of the individual child, and LSPs shall coordinate with ORR staff and care provider staff to timely identify such children;

• children with no identified sponsor who are unable to be placed in LTFC facilities, and LSPs shall coordinate with ORR staff and care provider staff to timely identify such children;

• children in ORR custody who must appear before EOIR, including children seeking voluntary departure, and for whom courtroom assistance does not satisfy the legal needs of the individual child;

• children released to a sponsor residing in the defined service area of the same LSP who provided the child legal services in ORR custody, to promote continuity of legal services and advance ORR’s goal of universal representation; and

• other released children, up to funded capacity.

LSPs shall consider ORR requests and recommendations regarding the prioritization for contract-funded direct representation of particularly vulnerable children. This includes children aged 12 and younger, survivors of human trafficking, survivors of serious crimes, and children requiring a home study or referred for post-release services.

For any represented child who leaves an LSP’s defined service area prior to the resolution of the child’s immigration case, the LSP shall promote continuity of representation by connecting the child with alternate counsel in the new location of the child’s residence. In the event the child retained the LSP in custody and requires said alternate counsel upon release, Contractor shall ensure continuity of representation to the extent practicable. In all cases, LSPs shall adhere to relevant attorney-ethics and

EOIR rules governing withdrawal of representation. For any represented child in ORR custody, LSPs shall ensure timely notice of their representation to ORR and care provider staff, including by submission of a Form L-3 Notice of Attorney Representation.

Objective III (d). Pro bono representation and legal assistance: LSPs 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, as appropriate to any given service or child. LSPs shall build and maintain a roster of attorney and non- attorney volunteers who can undertake legal services with the LSP’s mentorship, as required, for any children or cases suitable for pro bono involvement. LSPs shall screen and regularly update the screening of each volunteer to ensure they meet appropriate standards for undertaking activities under the contract. LSPs shall assess prospective pro bono attorneys’ skills, experience, availability, and interest in working with children. LSPs 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.

LSPs shall conduct group or individual training for prospective or current attorney or non-attorney volunteers on immigration law and procedure and on skills required for working with children and survivors of trauma. LSPs shall include in pro bono agreements for representation under this contract detailed information about required regular check-ins regarding case progress and needs and about data reporting required from the pro bono attorney to the LSP. LSPs shall assign cases to and mentor, as needed, pro bono attorneys undertaking representation under this contract. Case assignment activities include:

• determining the appropriateness of a particular case or category of cases for assignment, including by considering a pro bono attorney’s or law firm’s interest or expertise;

• tracking a prospective child client’s expected case or placement timeline to ensure alignment with pro bono attorneys’ availability;

• determining whether to assign the complete case or select part(s) of the case depending on available resources and expertise and/or the needs of a child’s legal case;

• promoting cases to prospective pro bono attorneys; and

• reassigning existing cases to an alternate pro bono or other counsel, as needed.

Mentorship activities include:

• any necessary, continuing involvement in the assigned pro bono case;

• regularly checking in with the pro bono attorney as to case progress and needs;

• reviewing case materials prepared by the pro bono attorney;

• assisting the pro bono attorney to prepare for required interviews and court hearings; and

• obtaining information regarding children’s cases from their assigned pro bono attorneys to facilitate any case management tracking and required LSP data reporting under this contract.

Objective IV: Providing data collection, analysis, and reporting.

Contractor shall conduct ongoing data collection, trends analysis, and reporting to ORR under a mutually agreeable schedule, to monitor program performance and work to continually improve program service delivery. This shall be achieved through the following sub-objectives:

Objective IV (a). Implementation of Quality Assurance / Quality Control Plan: To the extent the required Quality Control Plan (pages 42-48 of Volume I, Section 7, Part 2 – Quality Control Plan) does not satisfy the Government’s interest in a Quality Assurance Plan (QASP), Contractor shall collaborate with ORR to develop and implement an ORR-approved QASP that tracks contract performance across all supported geographic sectors.

Objective IV (b). Reporting on indicators, statistics, and in response to requests: Contractor shall draft specific performance indicators aligned with Objectives I – III of this PWS and the proposed Quality

Control Plan (QCP) for approval by the COR. Contractor shall provide these indicators and other quantitative and qualitative program data and statistics in the form of (a) regular reports submitted to the

COR on an agreed upon schedule, and, where relevant (b) stand-alone reports focused on key areas of interest, or that present statistics best measured on a less frequent cadence than regular reports, or that are responsive to ad hoc requests. Contractor shall coordinate with COR to develop technical parameters to respond to ad hoc requests.

Objective IV (c). Secure data reporting infrastructure: Contractor shall maintain a secure and scalable data infrastructure and computing environment that enables raw data ingestion from disparate sources, extract-transform-load (ETL) processes to clean, organize, and connect data from various sources, and analysis of quantitative data at a scale appropriate for the work completed in Objectives I –

III. Contractor’s data environment shall be able to respond and adapt to changes to service areas, service delivery modifications, policy changes, fluctuations in volume, emergency response services, and other adaptations to program services described in the PWS. This infrastructure shall be capable of ingesting, housing, and where necessary, securely merging data from multiple sources in compliance with appropriate Government regulations (see Objective IV (i) below).

Objective IV (d). Collection of program service data: Contractor shall collect quantitative and qualitative data on program services performed by LSPs (“program data”) in fulfilment of Objectives I –

III of this PWS and in support of the QCP. LSPs shall report program service information in a secure data reporting environment as individualized data on date, location, and other service delivery details on

KYRs, legal screenings, representation, referrals, and other legal services performed over the course of the

Contract. Contractor shall provide training and documentation on data entry into the platform and communicate regularly with LSPs to ensure quality of data entry practices and data. Contractor shall additionally provide a venue for LSPs to report issues and ask questions that arise over the course of data collection and entry. Contractor and LSPs shall collaborate through surveys, interviews, and other methodologies to produce qualitative data necessary to assess program services.

Objective IV (e). Develop metrics for tracking effort needed for various legal services: Contractor shall assess practicable methods of collecting and reporting ongoing data on the labor and cost required to perform legal services and provide representation and develop requisite metrics accordingly. This may include LSP-level comparisons of billed staff labor hours to caseloads on services where there are hour or cost guidelines for service delivery, such as labor hour guidance on legal screenings and average costs of direct representation per case.

Objective IV (f). Collection of non-program service data on factors impacting program service delivery: Contractor shall collaborate with the COR to gather data and provide recommendations on issues that impact LSPs’ ability to conduct legal service duties as outlined in the Contract and in accordance with

ORR policies and procedures. Contractor shall share trends that impact ability to make timely identification of viable forms of legal relief and recommend corresponding solutions to ORR.

Objective IV (g). Reporting on key activities in unaccompanied alien children’s legal cases as a subset of program data: Contractor shall ensure reports to the Government include quantitative and qualitative analyses of the following details of program performance and legal services performed under the contract. Contractor shall collaborate with ORR on the appropriate frequency and format to report on assessment of subcontractor compliance across geographical sectors with the following activities:

1. Delivery of KYR presentations within 10 business days of admission to an ORR shelter

(matching ORR-provided individual book-in data with program service dates), including upon transfers to a new ORR facility, and an additional KYR once every 6 months if the child remains in ORR custody 6 months or more;

2. Legal screenings for all children in and released from ORR custody upon initial placement or subsequent transfer, and again for all children remaining in ORR custody every six months thereafter;

3. Immigration case-related preparation and courtroom assistance for children in and released from

ORR custody, including Friend of Court activity;

4. Direct representation for children in and released from ORR custody, including Unaccompanied

Afghan Minors, LTFC and URM placement.

5. Pro bono mentorship, service delivery, and children’s access to the network post-release;

6. Legal referrals – attempts and successful matches within network, and attempts and successful matches outside of network, if data is available.

Objective IV (h). Evidence-based recommendations for improved service delivery: Contractor shall perform ongoing quantitative and qualitative analysis to develop recommendations to ORR regarding improvements to service delivery, “efficiency” of funding allocation and effectiveness of services, and analysis of case processing and legal representation timelines with the goal of achieving outcomes in the best interest of children served under this contract.

Objective IV (i). Supplemental analyses using federal administrative data and other partner data provided by ORR: Contractor shall collaborate with ORR to assess the feasibility of obtaining regular, comprehensive extracts of Personally Identifiable Information (PII) linked by unique identifiers from (but not limited to) ORR’s administrative databases, EOIR’s administrative databases, and USCIS’s administrative databases, as well as assessing the possibility of extending any data sharing agreements between ORR and other federal agencies necessary to obtain and use this data for aggregate analysis on

KYR, legal screenings, direct representation, and other requested data points that help ORR understand impact of legal service provision to children on their immigration cases. Where ORR facilitates data sharing with other relevant federal agencies or partners, Contractor shall coordinate directly with those agencies at ORR’s request.

Provided that necessary data is made available to Contractor from ORR, EOIR, USCIS and/or other administrative databases and/or ORR facilitates original data collection required for this objective where relevant, Contractor shall provide analysis on the following requested data points in service of the various sub-objectives mapped in Objective IV of the SOO – including through performance indicators and other outputs that rely on statistical formulas to demonstrate the relationship of various datapoints or change in a particular statistic over time:

1. Know Your Rights (KYR) and legal screening (LS) data points

a. KYRs (including initial, transfer, and six-month services):

i. KYR date(s),

ii. number of unique children receiving a KYR,

iii. number of KYRs delivered,

iv. barriers and constraints affecting KYR delivery, and

v. for initial KYRs:

1. delivery status (i.e., delivered timely, delayed delivery)

2. additional days for delivery beyond due date (if delayed)

b. Legal Screenings (including initial, transfer, and six-month services):

i. LS date(s),

ii. number of unique children receiving a LS,

iii. number of LSs completed,

iv. barriers and constraints affecting LS delivery, and

v. for initial LSs:

1. delivery status (e.g., delivered timely, delayed delivery)

2. additional days for delivery beyond due date (if delayed)

2. Direct representation data points

a. Number of children provided direct legal representation;

b. Number of direct representation cases initiated, broken down by cases initiated while children are in ORR custody or out of ORR custody, both in total and disaggregated by LSP;

c. Average length of time to secure direct legal representation, from admission date until case initiation for cases initiated in ORR custody, and from discharge date until case initiation for cases initiated after release from ORR custody;

d. Average duration of cases, from case initiation until closure of the case to Acacia's program;

3. Pro Bono Representation

a. Number of children provided representation by pro bono attorneys;

b. Number of pro bono case initiations, for children in ORR custody and children discharged from ORR custody;

c. Number of training events held to prepare volunteers to deliver pro bono services under the contract, and the number of attendees at such events;

4. Direct Representation Costs

a. Number of hours billed for direct representation by attorneys and non-attorneys at each LSP;

b. Program-level average of hours billed per direct representation case, under Contract funding

c. Program-level running cost, of direct representation under Contract funding, calculated as spending per case;

5. General/other data points

a. Summaries of reasons for closure of cases to Acacia’s program;

b. Quantitative measurement of viable forms of legal relief identified;

c. The number of unique children receiving one or more legal services other than representation;

d. Qualitative monitoring of contracted attorneys and their interaction with children, care providers, stakeholders, Federal Field Specialists, and ORR headquarters staff of Case

Coordination services;

e. Most frequent applications or motions filed;

6. Training activities

a. Quantitative and qualitative measurements capturing capacity building efforts, recruitment, and the training of attorneys.

Objective IV(j). Facilitating direct access to information requested by ORR: Contractor shall work with the COR to determine select data points in performance indicators and management tools such as dashboards that allow the Government to monitor aggregate program services at regular intervals. As

ORR makes available information about its data management systems and processes for contractors to submit statistics through these systems, Contractor shall work with the COR to assess feasibility of providing additional individual-level information.

Services at emergency facilities

Contractor and/or LSPs shall conduct legal services for children in and released from emergency facilities in a manner tailored to the unique needs of that population. LSPs shall deliver KYR to children within ten

(10) business days of the child’s admission to an emergency facility, to the extent practicable and given the availability of space required for the KYR service. KYRs shall be delivered in a group setting and shall include all content relevant to children in the emergency context, and special emphasis must be made in KYR materials to help children connect with legal services upon release. Contractor shall approve

LSPs’ emergency-facility KYR materials prior to use. LSPs shall deliver legal screenings generally within ten (10) business days of the child’s admission to an emergency facility, to the extent practicable and given the availability of space required to preserve screening confidentiality. Content of the legal screening shall be tailored to the needs of children in the emergency facility, and Contractor shall approve

LSPs’ emergency facility legal screening template prior to use. LSPs shall deliver KYR and legal screening for children released from emergency facilities without having received those services in custody, to the extent practicable. For children who receive a legal screening, to the extent practicable

LSPs shall conduct legal referrals as described in Objective III (b) to ensure continuity of legal services and maximize the placement of cases with representation. LSPs shall offer other legal assistance under

Objective III (b) as needed in the emergency facility context.

LSPs shall offer representation to the extent practicable for children in emergency facilities who are expected to be released to a sponsor residing in the defined service area of the same LSP, a case category described under Objective III (c), and other children who may require immediate representation to protect their rights. Though children at emergency facilities typically are not required to appear in court during that time (because Notices to Appear are not filed immediately and/or children are transferred to regular facilities once filed), if children are regularly required to appear in court while at emergency facilities, Contractor shall coordinate with the LSP that covers that court to arrange for the necessary services

(which may have additional cost implications). For all services, LSPs shall maximize use of volunteer attorneys or non- attorneys to expand the availability of legal services for children in and released from emergency facilities. LSPs shall use trauma-informed, culturally competent, and developmentally appropriate techniques to conduct all contract activities for children in or released from emergency facilities.

CLIN 3: ATTORNEY RECRUITMENT PROJECT

Objective V: Addressing the gap in representation through recruitment and retention.

The contractor shall oversee and administer the ongoing recruitment, placement, and support of new attorneys to the field. This shall include:

1. Building out a fellowship recruitment pipeline to introduce attorney fellows to represent released unaccompanied alien children over the contract period. Attorney fellows shall be recruited to serve at host sites, receiving training and supervision from IJC and host offices.

2. Working with a recruiting agency to help recruit and place established attorneys in the field.

3. Building additional capacity by developing a marketing campaign strategy and fostering partnerships with firms, law schools, and other stakeholders to support the recruitment of well-rounded pool of experienced attorneys into the field.

CLIN 4: SPANISH LANGUAGE SUPPORT AND TECHINCAL ASSISTANCE

TRAINING

Objective VI: Spanish language support & technical assistance training.

To help build capacity for legal representation in the immigration field, the contractor shall:

1. Provide interpretation (in-person and remote) and translation services in Spanish for children in and released from ORR custody.

2. Support LSPs in implementing their own intensive Language Program to strengthen the Spanish language ability of staff, including vocabulary pertaining to legal Spanish and immigration law. An

LSP’s Language Program shall include Spanish language courses and/or other educational resources to help expand legal staff capacity in the field. Such courses and resources shall be contracted directly by LSPs.

The contractor, with the support of its expert technical assistance providers shall develop and conduct trainings to assist new and existing legal service providers in:

1. Building capacity and best practices for legal services using developmentally appropriate, trauma-informed, and culturally competent techniques.

2. Assisting with organizational structures through management trainings and support.

3. Developing trainings and resources, both remote and in-person, to support legal staff working with children and increase staff retention.

The contractor shall ensure the delivery of trainings and support are at the appropriate level of quality, on time, and within scope, in accordance with the performance work statement.