National Qualified Representative Program

Attachment 1 Solicitation: 15JPSS26Q00000059 Legal Services Executive Office for Immigration Review Office of Policy, Public Resources and Communications Division Performance Work Statement National Qualified Representative Program 1.0 PURPOSE The U.S. Department of Justice, Executive Office for Immigration Review (EOIR) is required to provide direct legal representation services nationwide to individuals in covered immigration proceedings who have been found mentally incompetent to represent themselves. This Performance Work Statement (PWS) describes the outputs expected to be achieved to ensure agency compliance with the requirements set forth below.1 2.0 BACKGROUND EOIR operates the National Qualified Representative Program (NQRP) pursuant to the Franco- Gonzalez v. Holder2 court orders (Franco court orders) and EOIR’s Nationwide Policy to Provide Enhanced Procedural Protections to Unrepresented Detained Aliens with Serious Mental Disorders or Conditions (Nationwide Policy). The NQRP provides direct legal representation to certain unrepresented, detained individuals found by an Immigration Judge or by the Board of Immigration Appeals (BIA) to be incompetent to represent themselves in immigration proceedings.3 3.0 DEFINED TERMS 3.1 “NQRP Respondents” are: 1) in the custody of the Department of Homeland Security (DHS) at the time of identification; 2) in covered immigration proceedings, as defined below in 8.1, before EOIR; and 3) determined by an Immigration Judge or the BIA to be incompetent to represent themselves in their immigration proceedings. 3.2 “Franco NQRP Respondents” are subject to the Franco court orders. These individuals are detained in DHS custody in the states of Arizona, California, or Washington at the time of identification. 3.3 “Nationwide Policy NQRP Respondents” are detained in DHS custody outside the states of Arizona, California, or Washington at the time of identification. 3.4 “Qualified Representatives” are counsel ordered by an Immigration Judge or the BIA on behalf of an NQRP Respondent. 1 The services described in this PWS may be provided by one contractor or multiple contractors. 2 Franco-Gonzalez v. Holder, CV-02211, Partial Judgment and Permanent Injunction (C.D. Cal. R. Apr. 23, 2013); Franco-Gonzalez v. Holder, CV 10-02211, Order Further Implementing This Court’s Permanent Injunction (C.D. Cal. R. Oct. 29, 2014). 3 Nothing in this PWS negates or alters the agency’s obligations under the orders of the District Court in Franco. -- 1 of 15 -- 2 3.5 “Franco NQRP Cases” are cases in which the Contractor provides direct legal representation services to Franco NQRP Respondents. 3.6 “Nationwide Policy NQRP Cases” are cases in which the Contractor provides direct legal representation services to Nationwide Policy NQRP Respondents. 4.0 CONTRACT TYPE The agency foresees a Fixed-Price Contracting model for the required services under this PWS per “Promoting Efficiency, Accountability, and Performance in Federal Contracting,” Exec. Order No. 14402, 91 Fed. Reg. 24325 (May 5, 2026). 5.0 PERIOD OF PERFORMANCE The period of performance for this contract is twelve (12) months, commencing from the date of award. Four additional one-year option periods may be exercised at the discretion of the agency. 6.0 PLACE OF PERFORMANCE The NQRP is a nationwide program. The Contractor must provide the required direct legal representation services to all NQRP Respondents in covered immigration proceedings in both detained and, where applicable upon release4, non-detained settings. The place of performance will include detention facilities housing NQRP Respondents, detained and, where applicable, non-detained EOIR immigration courts, and other locations as needed.5 7.0 PROCESS OVERVIEW The agency will affirmatively identify NQRP Respondents to the Contractor. The process begins when an Immigration Judge or the BIA makes a finding of incompetence and orders a Qualified Representative. The order is sent to EOIR program staff, who compile relevant information such as the immigration court with jurisdiction, the DHS facility where the NQRP Respondent is detained, and the date the individual entered DHS custody. EOIR sends this information to the Contractor, who assigns a Qualified Representative to provide required services. 8.0 SCOPE OF WORK 4 For additional information, see section 15.0, “Funding Upon Release.” 5 The Contractor should make every effort to meet with NQRP Respondents in person at DHS detention facilities, where practicable. Immigration Judges are also authorized by statute to hold hearings by video conference and telephone conference. See INA § 240(b)(2), 8 C.F.R. § 1003.25(c); see also Executive Office for Immigration Review, Policy Manual, Part II, Chapter 4.7 (Hearings by Video or Telephone Conference), https://www.justice.gov/eoir/reference-materials/ic/chapter-4/7. -- 2 of 15 -- 3 8.1 Covered Immigration Proceedings 8.1.1 The Contractor must provide direct legal representation through the provision of a Qualified Representative in the following covered immigration proceedings: 8.1.1.1 Representation in immigration proceedings prior to entry of a final administrative order or determination, as follows: 8.1.1.1.1 Immigration and Nationality Act Section 240 removal proceedings, deportation proceedings, and exclusion proceedings before the immigration court; 8.1.1.1.2 Custody redetermination (bond) proceedings before the immigration court; 8.1.1.1.3 Immigration court “asylum only” and “withholding only” proceedings pursuant to 8 C.F.R. § 1208.2; and 8.1.1.1.4 Appellate proceedings before the BIA. 8.1.1.2 Representation in any bond proceedings before EOIR that occur after an order of removal has become administratively final; 8.1.1.3 Representation in any motions to reopen and/or reconsideration directly relating to representation described above; and 8.1.2 Excluded from Direct Legal Representation: Services related to any claims o…