HHS to rework $1B legal services contract after protests
Gettyimages.com/ Michał Chodyra
By
Nick Wakeman
Acacia Center for Justice and ICF challenged invoicing terms, background check requirements and a rule ending representation when unaccompanied migrant children turn 18.
The Health and Human Services Department has agreed to rework parts of a solicitation for a $1 billion contract supporting legal services for unaccompanied migrant children.
Acacia Center for Justice, an incumbent contractor, and ICF both filed protests with the Government Accountability Office in early April after HHS released the solicitation for the contract.
HHS' Office of Refuge Resettlement uses the contract to provide legal services to unaccompanied children including consultations and direct legal representation.
The work covers 10 immigration relief categories including asylum, special immigrant juvenile stats, T and U visas, and adjustment status. The contractor will provide services at 203 Office of Refugee Resettlement offices across 26 states.
Data from GovTribe indicates HHS is using a trade-off analysis for the evaluation by using four factors: scalability and pro bono integration capabilities, technical approach, recent and relevant past performance, and price.
Acacia’s protest challenged the invoicing and payment terms in the solicitation, which the organization said restricted competition. The group also challenged background investigation and suitability determination requirements for pro bono attorneys.
In addition to that, Acacia’s protest argues that the requirement was improper because it violates applicable federal regulations and state bar professional codes of conduct.
ICF challenged the request for proposal’s past performance submission requirements as unduly restrictive of competition. The requirements create an unfair competitive advantage, according to ICF.
ICF called the RFP’s background investigation requirements vague, ambiguous, and possibly restrictive of competition.
Both protestors cited ethical and legal issues with the requirement to end representation when children turn 18. The solicitation requires that representation end at age 18, even if there is an ongoing case.
GAO dismissed the protests on Tuesday after HHS said it would reassess the requirements and amend the solicitation. HHS will also set a new deadline for submitting proposals.
Proposals were due April 3, but the protests delayed that. HHS will announce a new date after it reworks the solicitation.