Case Coordination PWS-PLC-120523.docx
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- Attached to
- Case Coordination Services
- Solicitation number
- RFQ1669510
About this file
This performance work statement outlines case coordination services required by the Department of Health and Human Services Administration for Children and Families Office of Refugee Resettlement. The contractor will provide case coordinators to make recommendations regarding the safe and timely release of unaccompanied children in ORR custody, with a focus on family reunification. Services include reviewing cases, identifying special needs, recommending placements, tracking complex cases, training staff, and collecting and reporting data. The contractor must be prepared to rapidly scale operations in response to fluctuations in capacity. The period of performance is one base year with four option years. The contractor will perform services remotely and on-site at ORR facilities nationwide.
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PERFORMANCE WORK STATEMENT
Administration for Children and Families
Office of Refugee Resettlement
Case Coordination
Performance Work Statement for the Case Coordination Program
November 26, 2023
Document Revision History
[Example – Post-Award]
| Mod. No. |
| Description of Changes |
| Requested By |
| Approved By |
| Date |
| 00 |
| Base |
[Note: The document revision history is most useful for tracking changes in a major acquisition. It may not be needed for less complex acquisitions. Pre-award, it can be used internally by the agency to track the origin of and/or changes to specific requirements (not included in the solicitation when released). Post-award, it can be used to provide a centralized list of changes incorporated by modification.]
Table of Contents
| 1.0 | General | 4 |
| 1.1 | Introduction | 4 |
| 1.2 | Objective | 4 |
| 1.3 | Scope of Work | 5 |
| 1.4 | Background | 5 |
| 1.5 | Type of Contract Contemplated | 6 |
| 1.6 | Period of Performance | 6 |
| 1.7 | Place of Performance | 6 |
| 1.8 | Applicable Documents | 7 |
| 2.0 | Specific Requirements/Tasks | 7 |
| 2.1 | Task One | 7 |
| 2.1.1 | Subtasks, if any | 7 |
| 2.2 | Task Two | Error! Bookmark not defined. |
| 2.2.1 | Subtasks, if any | Error! Bookmark not defined. |
| 2.3 | 2.3 Task Three (etc.) | Error! Bookmark not defined. |
| 3.0 | Contractor Quality Assurance. | 22 |
| 4.0 | Delivery or Deliverables | 23 |
| 5.0 | Meetings | 25 |
| 6.0 | Required Travel and Other Direct Costs (ODCs) | 26 |
| 7.0 | Special Instructions | Error! Bookmark not defined. |
| 8.0 | Government Furnished Property/Equipment/Information | 26 |
| 9.0 | Glossary of Abbreviations and Acronyms | 26 |
**Note: as a matter of policy, some agencies require the government to prepare the PWS, the guidance at FAR 37.602(a) stipulates that “a Performance work statement (PWS) may be prepared by the Government or result from a Statement of objectives (SOO) prepared by the Government where the offeror proposes the PWS.”
Performance Work Statement (PWS) for the Case Coordination
1.0 General
1.1 Introduction
The Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR) seeks a contractor to develop and maintain case coordination programs to provide child welfare based, third-party recommendations (TPR) regarding care and release of unaccompanied children in ORR custody. The recommendations involve: safe and timely reunifications with family, transfers and placements, and identifying UC’s with special or developmental needs and corresponding services.
Unaccompanied children apprehended by the Department of Homeland Security (DHS) immigration officials are transferred to the care and custody of ORR. ORR promptly places an unaccompanied child in the least restrictive residential setting that is in the best interests of the child, taking into consideration danger to self, danger to the community, and risk of flight.
Residential care services begin once ORR accepts an unaccompanied child for placement from US Customs and Border Patrol and ends when the child is released from ORR custody, turns 18 years of age, or the UC’s immigration case results in a final disposition of removal from the United States.
ORR takes into consideration the unique nature of each child’s situation and incorporates child welfare principles when making placement, clinical, case management, and release decisions that are in the best interest of the child.
1.2 Objective
ORR ensures that the interests of the child are considered in all decisions related to the care and custody of unaccompanied children. ORR is guided by the principles that all unaccompanied children should be treated with dignity, respect, and special concern for their vulnerability; all unaccompanied children must be placed in the least restrictive setting appropriate to their age and special needs; and each unaccompanied child must be provided care and services free from discrimination based on race, religion, national origin, sex, disability, or political belief.
Many unaccompanied children have faced traumatic situations in their home countries, such as dire poverty, violence, gang violence and recruitment, human trafficking, domestic violence abuse and neglect, sexual abuse. Some are also very young, most have little or no formal education, and most are primarily non-English speaking. Many also fall victim to violent crimes (rape, assault, robbery, human trafficking) during their dangerous journey to the United States. Unaccompanied children may owe large debts to smugglers who facilitated their travel to the United States. While most unaccompanied children are adolescent males from Central America, ORR serves a significant number of Central American females, young children of all genders, as well as youth and younger children from other countries, such as China, India, Haiti, and Somalia. Other special sub-populations include pregnant and parenting teens, children who require intensive mental health or medical services, children with criminal histories, and victims of human trafficking or other crimes.
Unaccompanied children come to the United States in pursuit of a better life with hopes of fleeing poor socioeconomic conditions, escaping violence, reunifying with family, and seeking educational and employment opportunities. After apprehension by the Department of Homeland Security (DHS) or another Federal agency, and placement in ORR custody with an ORR funded care provider, these children face a complicated legal system, which offers limited relief options to remain in the United States permanently and legally. ORR provides unaccompanied children access to legal service providers who can aid in determining whether they qualify for immigration relief that may allow them to remain in the United States. While a child's immigration case is pending, they may be released to relatives or other sponsors in the United States. While the average length of stay for unaccompanied children is approximately 37 days, a small number of children who pursue potential immigration relief but have no viable family sponsors remain in ORR custody for extended periods of time, while their immigration case is pending. To the greatest extent possible, unaccompanied children must be released to a sponsor promptly once it is determined that the sponsor is able to provide for the child’s safety and well-being.
Further, the government under the Flores Settlement Agreement (FSA), the U.S. Government is required to provide certain services to unaccompanied children while they are in government custody. While in ORR custody, unaccompanied children receive an array of services, including residential care and supervision, clothing, food, individual and group counseling, medical/mental health care, case management, education/English as a Second Language, recreation, vocational education, acculturation, and access to religious services. Unaccompanied children also have access to legal services. While most services are available on site, referrals to community-based providers are made as needed. Services are provided by multilingual staff in a manner that is sensitive to the language and culture of the populations served. Service provision is tailored to each child to maximize their opportunities for success both while in care, and upon discharge from the program.
Federal Field Specialist staff who administer the UC Program; develop and implement policies and procedures; provide technical assistance, monitoring and oversight to grantees; identify and develop specialized capacity; and coordinate and oversee the safe and timely release of unaccompanied children.
ORR Headquarters is in Washington, D.C., where most federal staff are based other than the Federal Field Specialists (FFS) are located nationally. The Federal Field Specialist (FFS) serves as the local ORR liaison with care providers and stakeholders, provide technical assistance and guidance to care providers on ORR policies and procedures, and act as the final decision maker on all transfer and release decisions for children in ORR custody.
1.3 Scope of Work
The contractor shall develop and maintain regional or national case coordination program(s) which provide child welfare-based recommendations on each unaccompanied children case, particularly in the areas of safe and timely release, identification of children with special needs and development of corresponding recommendations, and placement recommendations. Child welfare best practice as defined by ORR aligns with a family centered approach by ensuring unaccompanied children are released safely and timely to family and family friends who will provide a safe environment for the child and abide by the ORR Sponsor Care Agreement. Case Coordinators are non-governmental contractor field staff assigned to one or more care providers primarily to review unaccompanied children’s cases and provide transfer and release recommendations to ORR staff. The Case Coordinator is responsible for integrating all areas of assessment from the Case Manager, Child Advocates, and other stakeholders into a release plan that will provide for the unaccompanied child’s physical and mental well-being. After staffing and reviewing a case, Case Coordinators and Case Managers must agree on a release recommendation in accordance with ORR policy guide. If there is a disagreement or a particularly complex case, then the case will be elevated to the ORR/FFS for further guidance. Case coordination services are provided across both ORR’s standard network and the Influx Care Facilities. Many care providers are in Arizona, California, Florida, Illinois, Maryland, New Jersey, New York, Oregon, Texas, Virginia, and Washington, but they aren’t limited to such areas. As ORR expands the shelter network, providers may be in other cities as well. ORR also opens influx sites (Influx Care Facilities) as needed. Case Coordination services are provided both remotely and at provider sites, thus travel may be required.
1.4 Background
On March 1, 2003, the Homeland Security Act of 2002, Section 462, transferred responsibilities for the care and placement of unaccompanied children from the Commissioner of the Immigration and Naturalization Service to the Director of the Office of Refugee Resettlement (ORR).
Since then, ORR has cared for over 409,550 children, incorporating child welfare values as well as the principles and provisions established by the Flores Agreement in 1997, the Trafficking Victims Protection Act of 2000 and its reauthorization acts, the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005 and 2008.
As of March 2023, ORR oversees a national network of over 200 congregate care and foster care settings that include shelters, group homes, staff-secure, secure facilities, foster care programs, and residential treatment centers through contracts and cooperative agreements. ORR care providers are required to follow cooperative agreements and are encouraged to pursue additional accreditation such Joint Commission on Accreditation, Council on Accreditation Commission on Accreditation of Rehabilitation Facilities or equivalent. They must also comply with ORR policies, protocols, and procedures, as detailed in their individual Cooperative Agreement/Statement of Work and ORR policies and procedures. Many care providers are in Arizona, California, Florida, Illinois, Maryland, New Jersey, New York, Oregon, Texas, Virginia, and Washington, but they aren’t limited to such areas. As ORR expands the shelter network, providers may be in other cities as well. ORR also opens influx sites (Influx Care Facilities) as needed.
ORR identifies placement options for unaccompanied children according to their individual needs through this national network of care providers. Most programs who serve both unaccompanied children and domestic youth maintain the two populations separately, but some smaller programs providing specialized care may serve the two populations together.
ORR is also responsible for the safe and timely release of unaccompanied children to vetted sponsors. Section 462 of 2002 Homeland Security Act directs ORR to consider the following when making placement decisions: 1) the likelihood of a child’s appearance before all hearings or proceedings; 2) protections from traffickers and other seeking to harm unaccompanied children; and 3) settings that reduce the possibility of a child endangering themselves or others (6 U.S.C. §279 (b.) 2. (A.).
1.5 Type of Contract Contemplated
TBD
1.6 Period of Performance
The period of performance of this contract is a base period of 12 months from contract award date, with four (4) subsequent 12-month option periods.
1.7 Place of Performance
The Contractor shall perform services remotely at contractor site and or at provider locations.
Recognized Holidays
| New Year’s Day | Labor Day |
| Martin Luther King Jr.’s Birthday | Columbus Day |
| President’s Day | Veteran’s Day |
| Memorial Day | Thanksgiving Day |
| Independence Day | Christmas Day |
Juneteenth
Above are federal recognized holidays, however the contractor shall perform case coordination services at influx care facilities on federal holidays.
1.8 Applicable Documents
· ORR Policy Guide, Children Entering the United States Unaccompanied:
https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompanied
• Policy for Influx Care Facilities (See Section 7 of ORR Policy): https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-statesunaccompanied-section-7#7.1
• ORR Field Guidance containing updates to ICF standards: https://www.acf.hhs.gov/orr/policyguidance/uc-program-field-guidance
• ORR Key Documents: https://www.acf.hhs.gov/orr/policy-guidance/unaccompanied-childrenprogram
• The contractor shall comply with ORR Policy related to preventing, detecting, and responding to sexual abuse and harassment in accordance with ORR’s Zero Tolerance Policy(See Section 4.5.3 of ORR Policy Guide referenced in Section 1.3.1.1 above)::
https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-statesunaccompanied-section-4)
• UC Manual and Procedures (UC MAP) provides procedures that operationalize ORR policy. The UC MAP is accessed through ORR’s online case management system which will become available for contractor access after award.
Performance requirements are based upon policy, regulations, and guidelines. The contractor is responsible for staying up to date with policy and regulatory changes and must adapt to the evolving nature of the working environment. The contractor shall notify the Contracting Officer’s Representative (COR) in the event of any significant discrepancies.
2.0 Specific Requirements/Tasks
2.1 Task One: Project Management and Communication
2.1.1 Subtask: Kick off meeting
· Within ten (10) government business days of the award or as directed by the COR, the contractor shall conduct an orientation meeting and briefing. The completion of this briefing will include, but is not limited to, the following:
· Introduction of both key contract and government personnel performing work, related to this PWS.
· Brief overview of contract administration and reporting.
· Discussion of substantive risks and issues that may impact the delivery of the project.
· Joint determination of the contents of a work plan to detail the specific activities and tasks to be associated with the period of performance specified in the PWS.
· Delivery of a plan to deliver to the contractor any Government-Furnished Equipment, Information, or Materials (GFE/I/M) unless specifically provided at contract award.
· Review by the contractor of its understanding of the work to be accomplished under this PWS to ensure that all parties have a common understanding of the work to be performed and of the respective responsibilities and obligations of the parties.
· Review by both ACF and the contractor of the agreed-upon method to resolve, track, and report on risks and issues.
2.1.2 Subtask: Project Management Plan
The contractor shall work to ensure child welfare best practices are a primary focus of their management plan. Child welfare best practice as defined by ORR aligns with a family centered approach by ensuring unaccompanied children are released safely and timely to family and family friends who will provide a safe environment for the child and abide by the ORR Sponsor Care Agreement. The contractor shall provide a contractor Program Management Plan (PMP) that fully documents its management approach for the recruitment, delivery, and execution of contracted services. The contractor shall update its PMP when there are program management changes and changes to the information required. The PMP shall consist of a contract management plan, and communication plan. At a minimum, the contractor PMP shall include the below listed requirements:
| - | Describe internal policies and procedures to be used in managing the contract and | resources associated with the contract. | |
| - | Provide an organization chart of the contractor’s line of business to be used in | performance of the contract. | |
| - | Contract Management Plan: For purposes of accountability and transparency, the | contractor shall prepare a Contract Management Plan describing the technical | approach, organizational resources, and management controls to be employed to meet the cost, performance, and schedule requirements of this contract. The Contract Management Plan shall include a plan for travel, professional development, and training. Provide a narrative describing how the contractor will fully integrate the management of the elements of this contract. The Contract Management Plan shall be updated annually by the contractor and approved by the Contract Officer Representative (COR) and Contracting Officer (CO). The draft of the Contract Management Plan shall be submitted to the COR and Contracting Officer a minimum of 90 days prior to the start of the following option year. |
2.1.3 Subtask: Communication Plan:
The contractor shall detail how the contractor will communicate and conduct regular meetings and reviews with ACF ORR personnel about the required activities and deliverables of the contract.
The contractor shall prepare agendas for all meetings concerning the project unless otherwise directed by the COR. Agendas shall be submitted to the COR at least one business day prior to the meeting. When meeting with the COR, the contractor shall record meeting minutes and submit those minutes to the COR within two (2) business days after the meeting for review and approval.
2.1.4 Monthly Progress Reports
The contractor shall provide monthly progress reports that include monthly accomplishments and track expenditure of resources relative to projected cost and schedule limitations. In coordination with ORR and pending the content approval of the government COR, the monthly status reports may take the form of a PowerPoint briefing to expedite the identification and resolution of issues. The contractor shall develop progress report content for review and acceptance by the Government. The contractor shall submit the monthly status report to the COR. The COR may require the contractor to adjust report contents on an as-needed basis.
2.1.5 Weekly Staffing Reports
The contractor shall submit a weekly staffing report to demonstrate the hiring of Case Coordinators by location; identify newly hired case coordinators; and any staffing concerns or issues.
2.1.6 Quality Performance and Impact Plan
The contractor shall submit a quarterly performance report to demonstrate contractor performance of contract deliverables and requirements. The contractor shall track their performance of all deliverables and performance measures and include in the quarterly report.
The contractor shall also provide information in the quarterly performance report detailing the quality assurance and management applied to the contract. The quarterly performance report is due within (10) days following the completion of each quarter. The final performance report is due the date contract ends.
The quarterly performance report shall provide information and progress on contractor performance at the level of both local regions and overall program performance, including but not limited to the following:
· Quantitative and qualitative measurement of TPR’s in accordance with child welfare principles and ORR policy and procedures.
· Total number of cases processed by Case Coordinators;
· Percentage of cases for which Case Coordinators participated in case staffing each week;
· Average length of time from receipt of release request to submission of recommendation; percentage of recommendations completed within one (1) calendar days of receipt of release request or (2) calendar day in post home study cases.
· Number and percent of release requests submitted by case managers found to have incomplete information and analysis of trends in incomplete information;
· Average Case Coordinator case load;
· Number and summary of concerns received from ORR staff and ORR care providers regarding contractor services and analysis of contractor response.
2.1.7 Project Work Plan
The contractor shall prepare a work plan that proposes timeframes for specific tasks to be performed, as described in the PWS. The contractor shall update the work plan annually 90 days prior to the commencement of the following option year). Within seven (7) days of award date a work plan meeting shall be conducted. The purpose of the initial meeting is for the contractor to obtain relevant background information from the COR (including ORR policies and procedures), review the statement of work and timeline, and identify any potential challenges. The contractor shall present an initial work plan and time for addressing all required tasks/deliverables. The meeting may take place in Washington, DC or through a conference call. Additional telephonic meetings may be scheduled as the need arises and to conform to ORR's program modifications either by legislation or design. The contractor shall provide a written summary of the initial meeting to the COR within two weeks of contract award. The documentation shall include a brief synopsis of discussions that occurred along with any decisions reached and action steps agreed upon.
2.1.8 Transition In
The transition-in-plan should ensure minimum disruption to vital government business and must be completed within 30 calendar days after the contract award. Upon completion of the transition in, the contractor shall fully staff and prepare to begin full performance under the requirement of the contract. The contractor shall ensure that there will be no service degradation during transition. The contractor shall propose a transition in their management approach, to be discussed during the project kick off meeting.
2.1.9 Transition Out
The transition-out-plan shall facilitate the accomplishment of a seamless transition from the incumbent to the incoming contractor/government personnel at the expiration of the contract. The contractor shall provide a transition out plan NLT (90) calendar days prior to the expiration of the contract. The contractor shall identify how it will coordinate with the incoming contractor and/ or government personnel to transfer knowledge regarding the following:
| • | Project management processes | |
| • | Points of contact | |
| • | Location of technical and project management documentation | |
| • | Status of ongoing technical initiatives | |
| • | Appropriate contractor to contractor coordination to ensure a seamless | transition. |
| • | Transition of Key Personnel. | |
| • | Identify schedules and milestones. | |
| • | Identify actions required of the Government |
Establish and maintain effective communication with the incoming contractor/Government personnel for the period of the transition via status meetings.
2.2 Task Two: Records Management
This section applies to all contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
• includes agency records,
• does not include personal materials,
• applies to records created, received, or maintained by the contractor pursuant to the contract,
• may include deliverable and documentation associated with deliverables.
The contractor shall secure all federal records created and maintained on behalf of ACF/ORR, the physical custodian of federal records. The contractor company providing services to ACF/ORR is responsible to secure all federal records created and maintained on behalf of ACF/ORR. When the contract is set to expire, the contractor is responsible for providing ACF/ORR, the following:
· all paper/analog originals records
· all electronic versions with metadata preserved uploaded to a cloud-based system, or in hard drives.
Records contain sensitive information and are subject to ongoing litigation holds. All paper and electronic records (true identical copies of the information) are required by OGC to be retained in a secure and sensitive manner for the duration of the litigation hold. All records must remain in ACF/ORR’s custody, and the information must be accessible and retrievable as necessary. Immediate actions should be taken to avoid the unauthorized destruction of records.
The contractor shall protect records against loss, unauthorized destruction or alteration, and illegal removal from HHS to ensure adequate documentation of organization, functions, policies, decisions, procedures, and essential business transactions. The unauthorized removal, concealment, falsification, mutilation, and/or disposition of official records is prohibited by law and is subject to penalty. The penalties for the unlawful or accidental removal, defacing, alteration, or destruction of federal records or the attempt to do so, include a fine, imprisonment, or both. (18 U.S.C. §§ 641 and 2071).
The contractor shall complete required records management training provided by ORR. The contractor shall maintain a log of training activities. At a minimum, the information to be logged shall include the following: name of the training, completion date of the training, and names of employees who attended the training. Records management training must be completed within 10 calendar days of onboarding contract.
2.2.1 Records management compliance
The contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chapters. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
• In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
• In accordance with 36 CFR 1222.32, contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
The contractor shall prevent the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of ORR or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, contractor must report to the COR and the CO, resulting in the agency reporting the incident must report promptly to NARA in accordance with 36 CFR 1230.
• The contractor shall immediately notify the COR and CO upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.
· The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to ORR control, or the contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
The contractor shall obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The contractor (and any sub-contractor) is required to abide by Government and ORR guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
The contractor shall follow ORR’s Privacy and Information Sharing policies as described in UC Policy Guide and UC Information Guide.
The contractor shall not create or maintain any records containing any non-public ORR information that are not specifically tied to or authorized by the contract.
The contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
ORR owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which ORR shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.22720.
All contractors whom create, work with, or otherwise handle records shall complete and confirm completion of ACF provided records management training according to agency policy including initial, annual and refresher trainings.
2.2.2 Flow Down of Requirements to Subcontractors
The contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.
• Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor.
Programs shall develop, maintain, and safeguard individual client case records. Agencies and organizations are required to develop a system of accountability which preserves the confidentiality of client information and protects the records from unauthorized use or disclosure see UC Policy Guide.
2.2.3 Privacy Act
The Privacy Act of 1974, as amended at 5 United States Code (U.S.C.) 552a, protects records that can be retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol. These records are held in Privacy Act Systems of Records (SOR). The Privacy Act prohibits disclosure of PII or records without an individual's written consent unless one of the 12 disclosure exceptions enumerated in the Act applies. ORR treats information maintained in ORR systems of records on non-U.S. persons, including case files containing information about UC and sponsors, as being subject to the administrative provisions of the Privacy Act (see UC Policy Guide Section 5.9 Protecting the Privacy and Confidentiality of UC Information).
A notice of any such system of records is published in the Federal Register. The notices identify the legal authority for collecting and storing the records, individuals about whom records will be collected, what kinds of information will be collected, and the routine uses for the records.
In accordance with Health & Human Services Acquisition Regulation Supplement (HHSAR) 352.224-70 Privacy Act, in addition to FAR clauses 52.224-1 Privacy Act Notification and 52.224-2 Privacy Act, when the contractor is required to perform one or more of the following:
• Creates, receives, maintains, or transmits “protected health information (PHI);” or,
• Designs, develops, or operates a Federal agency “system of records,” to accomplish an agency function in accordance with the Privacy Act of 1974 (5 USC 552a (m) (1)), the contractor shall operate in conformance with the Privacy Act of 1974 (the Act), Public Law 93-579. The contractor and its employees are liable to individuals injured as consequences of any subsequent failure to maintain records in conformance with the Act.
In addition to the Privacy Act, the contractor shall ensure that its employees know and follow the prescribed rules of conduct in 45 Code of Federal Regulations (C.F.R.) Part 5b. Each contractor employee and subcontractor shall be made aware that he/she is subject to criminal penalties for violations of the Privacy Act.
See also:
• HHSAR 352.224-71 Confidential Information.
• HHSAR 324.70 Health Insurance Portability and Accountability Act of 1996 and, Requirements identified elsewhere herein, if applicable, for Data Use Agreements (DUA).
2.3 Task Three: Staffing
The contractor shall provide a high level of expertise in child welfare, juvenile justice and serving immigrants youth and families at the field level. The contractor shall recruit, train, and maintain a staff of Case Coordinators ensuring a caseload ratio of no more than 85 cases to one Case Coordinator at a time at ORR programs. A standard ORR Facility is a ORR shelter that include shelter care, secure care, staff-secure, a residential treatment center, or long-term foster care (does not include Influx Care Facilities or HPCs). An Influx Care Facility (ICF) is a type of care provider facility that is opened to provide temporary emergency shelter and services for unaccompanied children during an influx or emergency. Influx care facilities may be opened on Federally owned or leased properties, in which case, the facility would not be subject to State or local licensing standards; or, at facilities otherwise exempted by the State licensing authority.
Case Coordinators are non-governmental contractor field staff assigned to one or more care providers primarily to review unaccompanied children’s cases and provide transfer and release recommendations to ORR staff. The Case Coordinator is responsible for integrating all areas of assessment from the Case Manager, Child Advocates, where applicable, and other stakeholders into a release plan that will provide for the unaccompanied child’s physical and mental well-being. After staffing and reviewing a case, Case Coordinators and Case Managers must agree on a release recommendation. If there is a disagreement or a particularly complex case, then the case will be elevated to the ORR/FFS for further guidance. Complex cases may include but not limited to cases that involve significant medical and/or mental health concerns of the child, significant biopsychosocial circumstances of the sponsor, criminal history of the minor and/or sponsor, major behavioral issues exhibited by minor, immigrant/legal issues, trafficking concerns, history of physical, sexual, emotional abuse, etc. and home study cases.
· Providing timely review and assessment of potential sponsors and unaccompanied children to make recommendations for release to ORR in conjunction with the Case Manager;
· Assisting ORR in ensuring that children are placed in the least restrictive setting while receiving all appropriate services;
· Meeting with individual unaccompanied children and care provider staff at designated ORR-funded care provider sites;
· Providing targeted child welfare-based assistance to care provider staff, as directed by ORR staff;
· Making recommendations for home study and post-release services for at-risk children;
· Making placement recommendations for children who require more specialized levels of care, such as long-term foster care and residential treatment centers;
· Participating in collaborative meetings with local stakeholders; and
· Participating in staffing of cases with care providers and designated ORR staff.
Historically, ORR has experienced periods when higher number of referrals of unaccompanied children are received than at other times of the year. These periodic intervals are called an “influx.” Annually, ORR reviews contingency plans based on actual and anticipated unaccompanied children referral numbers to monitor available resources in light of expected needs. During an influx, ORR may not have sufficient bed space available within its licensed care provider network to place unaccompanied children. In this situation, ORR arranges for the use of influx care facilities (ICF) to provide supplemental bed capacity. Because of the emergency nature of influx care facilities, they may not be licensed or may be exempted from licensing requirements by State and/or local licensing agencies. ICF’s may also be operated on Federally owned or leased properties, in which case, the facility may not be subject to State or local licensing standards. ICF’s may or may not be able to accept unaccompanied children’s placements directly from the U.S. Department of Homeland Security.
At an ICF, the contractor shall provide a caseload ratio of no more than 85 cases to one Case Coordinator (85:1). The contractor shall have the capability and capacity to scale up and down as determined by ORR. Case Coordination services at an ICF sites shall be virtual, telephonic, and onsite monthly to meet case management and site requirements. ORR may request additional case coordination support for influx sites.
Case Coordinators assigned and/or deployed to an influx site will staff complex cases as determined by Care Providers and Federal Field Specialists (FFS). The Contractor shall carry out all required main responsibilities as stipulated in Section C3 . It is recognized that centralized teams may be utilized for providing timely review, assessment, and recommendation of release requests to ORR to ensure release of unaccompanied children to a sponsor promptly once it is determined that the sponsor is able to provide for the child’s safety and well-being.
The contractor shall ensure that all Case Coordinators (inclusive of influx sites) utilize ORR data sources including, but not limited to, Tableau, Throughput Key Performance Indicators (TKPI), and any other designated ORR data tools to inform staffing conversations, generate required reports and or ad-hoc reports and elevate trends to ORR and FFS.
For influx sites, the contractor shall ensure capability and capacity to provide 8-hour shifts between 8:00AM to 8:00PM in the influx site’s respective time zone Monday through Sunday (including holidays).
The contract shall ensure coverage is provided for the current and the projected bed capacity. The contractor shall have coverage for a funded bed capacity of up to 24,000 (inclusive of influx sites) with the ability to meet the demands associated with potential expansions of licensed and influx sites funded capacity. The areas and/or projected bed capacity are subject to change should there be additions to the ORR shelter network.
2.3.1 Staffing Plan
The contractor shall describe proposed staffing, including structure and level of expertise sufficient to fulfill contractual responsibilities in the Case Coordination program.
The contractor and COR will establish clear lines of reporting and communication as per ORR's policies and procedures or as needed for the efficient operation of the program after discussion between the COR and contractor. The contractor will maintain a clear and independent supervisory structure with their organization for all personnel issues including, among others, evaluation of job performance, designation of work responsibilities, work schedules, personal and sick leave, and professional development, etc.
In the event ORR determines that the contractor’s staffing levels, or personnel performance do not conform to contract requirements, ORR will advise the contractor in writing and the contractor shall have 30 days to remedy the identified deficiencies. If, after consultation with the contractor, ORR has determined the actions taken do not remedy the concerns and that the personnel are incapable of carrying out the responsibilities outlined in the contract, ORR shall provide technical direction to the contractor. Any such determination by ORR will be made in a consultative manner with the contractor and should be coordinated and carried out within 30 days of the request. Replacement of the identified contractor personnel, if necessary, shall also be coordinated in consultation with ORR.
The contractor shall maintain case coordination operations Monday through Sunday (including holidays) with 8-hour coverage between (8:00AM to 8:00PM) in their local time to ensure national coverage and timely case processing. The contractor shall have the capacity and capability to support influx activities. To greatest extent possible, the COR shall provide notification of an operational influx site within 7 days prior to opening or expanding capacity of an operational influx site. The contractor shall provide 8-hour coverage of case coordination services Sunday through Saturday (including holidays), in person and remote from 8:00AM to 8:00PM. The 8-hour coverage will align with the respective time zone of each influx site. The contractor shall be responsible to maintain overall coverage of task assignments. Any variation in schedule shall be approved by the COR.
The contractor shall provide the necessary backup coverage in developing their staffing plan to ensure proper coverage of staff during vacation, leave, replacement of staff, etc. The contractor is responsible to notify ORR staff of coverage plan for any staff absence.
2.3.2 Scale Up/Scale Down:
Case Coordinator services may be requested for up to 24,000 bed capacity (inclusive of influx sites) (14,000 at permanent capacity; 10,000 influx;) for unaccompanied children. Capacity may vary depending on migration patterns. The contractor shall be prepared to scale operations to meet fluctuations in capacity. The contractor shall commence scale-up and scale-down activities at the direction, coordination, and approval of the COR. Upon award, the contractor shall submit a plan to address fluctuations in capacity within 14 business days , for its implementation within 30 days of approval to increase or decrease their operations under this award. The areas and/or projected bed capacity are subject to change should there be additions to the ORR shelter network.
The contractor shall designate Supervisory Case Coordinators responsible for overseeing staff, serving as point of contact for concerns/feedback from unaccompanied children, sponsors, and stakeholders regarding contractor’s services, and provision of case coverage. The Supervisory Case Coordinators shall assist the Project Manager with work assignments and other team coordination needs as established in the position description. To support the Deployment and Remote Ops teams, the contractor shall add the following positions: Deputy Program Manager; Lead Supervisory Case Coordinator; Staffing and Training Coordinator; Staffing and Training Manager; National Case Coordinators and Business Administrator.
COR/ORR will work in consultation with the contractor to ensure locations and workloads are appropriate. ORR reserves the right to modify the number and location of Case Coordinators, Supervisory Case Coordinators and Direct Operation Coordinators as well as staffing requirements based on the shifting demands of the program.
2.3.3 Case Coordinator
The Case Coordinator roles shall have a master’s degree in Social Work or a social science related discipline and at least two years of demonstrated post-graduate child welfare experience or at least three years of demonstrated post-undergraduate child welfare experience. Alternatively, Case Coordinators shall have a bachelor’s degree in Social Work or a social science related discipline and at least five years demonstrated child-welfare experience, or a non-qualifying bachelor's degree and at least 7 years of demonstrated post-degree child welfare experience. It is preferred but not required that Case Coordinators be bilingual in English and Spanish, to review case documents and interview children. Prior experience working with immigrant youth and families is highly preferred. Experience with Tableau.
2.3.4 Key Personnel- Project Manager
The contractor shall provide one (1) Project Manager. The Project Manager shall maintain a high level of expertise in child welfare, juvenile justice, and serving immigrant youth and families at the management level. Specifically, the Project Manager shall have a master’s degree or higher in Social Work, a social science related discipline, or background in law, and at least five years of demonstrated child welfare experience. Experience working with immigrant youth and families and underserved populations is strongly encouraged. The hire of the Project Manager, or any replacements thereof, must be approved in writing by the COR.
The Project Manager shall be the contractor's primary point of contact for COR and shall oversee staffing, management, and reporting. Based on direction from ORR, the Project Manager will direct work priorities to maintain a professionally managed program. The Project Manager or supervisory designee shall conduct annual site reviews of all Case Coordinators to evaluate Case Coordination compliance with the Contract, ORR policy and procedures, timely performance of tasks and deliverables, collaboration with ORR and stakeholders, and training needs. Summaries and findings from site reviews shall be incorporated into the quarterly performance report. Copies of site visit reviews shall be provided to the COR upon request.
The contractor shall review the Project Manager Position description with the COR and obtain approval prior to advertising and disseminating job announcements.
2.3.5 Key Personnel-Supervisory Case Coordinator
The hire of the Supervisory Case Coordinators and Direct Operations Case Coordinator, or any replacements thereof, must be approved in writing by the COR. Supervisory Case Coordinators shall have a Master’s degree in social work (MSW) and 5 years of postgraduate direct service delivery experience working with youth and trauma-informed care; or a Master’s degree in psychology, counseling, or other relevant behavioral science in which clinical training and experience is a program requirement. . Supervisory experience is required. Licensure preferred.
2.3.6 Key Personnel -Direct Operations Coordinator
Direct Operations Coordinators shall have a Master’s Degree in Social Work social science related discipline and five years of demonstrated post-graduate child welfare, case management, social service, and/or mental health professional experience, or a Bachelor’s degree in Social Work, or social science related discipline and eight years of demonstrated post-graduate child welfare, social service, case management and/or mental health professional experience or a non-qualifying bachelor's degree and at least 10 years of demonstrated post-degree child welfare experience. Bilingual in English / Spanish and Supervisory Experience is also preferred.
2.4 Task Four: Safe and Timely Release Process
The contractor shall work with the ORR Care Provider case manager to make release recommendations, including recommendations for home study/post release services as applicable. Additional responsibilities regarding oversight of the unaccompanied children’s cases include thorough and timely review of release requests, supporting documentation, regular meetings with case managers who are assigned to unaccompanied children with complex cases, recommendations, and follow-up for home studies, case consultations, and transfer recommendations on levels of care and services. Refer to UC portal for appropriate forms.
· The contractor shall make safe and timely release recommendations independent of the release recommendation of the care provider’s case manager once a case manager has a made a release recommendation.
· The contractor shall review release requests from the ORR Care Provider case manager within one (1) calendar day and develop recommendations to the…
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