2.2.1 Attachment 1 PWS - Hermit's Peak Arbitration Support (FINAL) 6-13-2024.pdf

PERFORMANCE WORK STATEMENT

FEMA HERMIT’S PEAK FIRE ASSISTANCE

ARBITRATION SUPPORT CONTRACT

1. BACKGROUND: The United States Congress introduced and passed into law H.R. 7721, known as the Hermit's Peak Fire Assistance Act. This Act aims to provide compensation to victims affected by the Hermit's Peak/Calf Canyon Fire, which was caused by a prescribed burn on Federal land in April 2022 resulting in significant devastation, including the burning of 325,340 acres of land and the estimated destruction of 900 homes and structures. It is estimated that approximately 28,000 claims will be submitted to FEMA before the program deadline of November 14, 2024.

To administer the claims resulting from the fire, the Act mandates the establishment of the Hermit’s Peak/Calf Canyon Claims Office (referred to as the “Claims Office”), which will be operated by the Federal Emergency Management Agency (FEMA). The Claims Office’s responsibilities include receiving, evaluating, processing, and disbursing actual compensatory damages to the victims of the Hermit’s Peak/Calf Canyon Fire. Upon careful review of each claim, the Claims Office will issue an official decision made by the Authorized Official, which will specify the amount of compensatory damages entitled to the claimant. The Claims Office will also provide a copy of this determination to the claimant.

If the claimant is not satisfied with the compensation offered, the claimant will have a period of 120 days from the date listed on the Authorized Official's Letter of Determination to initiate an Administrative Appeal. In the event that the claimant remains dissatisfied with the outcome of the Administrative Appeal, they will have either the option to submit the dispute to a binding arbitration process within 60 days of the date listed in the Administrative Appeal decision or to file a claim in the United States District Court for the District of New Mexico.

If the claimant opts for arbitration, they will submit the formal arbitration request to the FEMA Arbitration Administrator, who will acknowledge receipt and notify the contractor.

2. APPLICABLE REGULATIONS: The claims process is generally described in the resources listed below. The contractor shall ensure all work is in compliance with the applicable resources listed below. If there is a discrepancy between the Performance Work Statement (PWS) and draft regulations, the PWS shall generally take precedence unless otherwise directed by the COR. All draft regulations are subject to change.

• Hermit’s Peak/Calf Canyon Fire Assistance (FEMA Hermit’s Peak Website (https://www.fema.gov/disaster/current/hermits-peak)

• Pub. L. 117-180, 136 Stat. 2114, 2168

• 44 C.F.R. § 296.42

3. SCOPE: The Government seeks an Advisory and Assistance Support (A&AS) Contract to provide qualified arbitrators to the Hermit’s Peak/Calf Canyon Claims Office. FEMA estimates up to 800 arbitrations hearings to take place during the Period of Performance of https://www.fema.gov/disaster/current/hermits-peak this contract, with 35% of cases occurring during the Base Period, 55% occurring in Option Period 1, and 10% occurring in Option Period 2. FEMA estimates a weekly average of up to 6 arbitration hearings.

The contractor shall furnish a roster of qualified arbitrators at the quantities specified in

10.1.3 to assist the Claims Office with arbitration proceedings according to 44 CFR 296.42 Arbitration. Arbitration cases valued at $500,000 or less will be conducted by a single arbitrator, while cases over $500,000 will be conducted by a panel of three arbitrators, with one arbitrator serving as the lead. The Government estimates that up to 10% of all arbitration cases will exceed $500,000. The Government cannot guarantee a minimum number of arbitration cases, both in the aggregate or on a weekly basis.

The contractor shall assist the Government with meeting the following objectives, in conformance with applicable documents and regulations:

• Objective 1: Develop and maintain roster of qualified, available arbitrators;

• Objective 2: Conduct arbitration hearings and issue Final Decisions.

The contractor shall make the following assumptions as part of its proposal:

• Unless otherwise authorized by the Arbitration Administrator, the Arbitrator shall issue a determination based only on the written administrative record provided;

• The Administrative Appeal determination will be no more than 10 pages and will summarize the initial agency determination and identify all the relevant documents that were reviewed for the appeal determination;

• Any documents reviewed in the appeal determination will have an organized index;

• Discovery processes will not occur during the Arbitration;

• Review time of the administrative record and hearing duration should not exceed a total of 3 hours;

• No additional evidence may be introduced to the record;

• The Arbitrator will decide if the agency made determinations consistent with the regulation, CFR, and the PPG.

4. PLACE OF PERFORMANCE: FEMA anticipates that the majority of arbitration hearings will be conducted virtually, but in-person support may be required in some circumstances. If in-person support is required, contractor should anticipate travel to New Mexico.

The contractor shall give precedence to arranging in-person hearings at venues where no-cost availability is accessible, subject to their availability and being within a reasonable commuting distance for the claimant (50 miles or less). In the event such facilities are unavailable, the contractor shall promptly inform the Government and secure approval from the Contracting Officer's Representative (COR) to schedule in-person hearings. The contractor shall furnish the COR with an estimated rental facility cost, hearing date, location, and any other requested details. The Government shall reimburse all in-person rental fees, contingent upon the contractor obtaining prior approval from the COR before making reservations.

The Government anticipates a potential maximum of 800 total arbitration cases, with in-person arbitrations accounting for a potential maximum of 20% of all cases. For bidding purposes, assume up to 20% of the total number of arbitration cases will require an in-person hearing. Of the cases that require an in-person hearing, assume that 10% are cases above $500,000 and will require a panel of three arbitrators. For bidding purposes assume that all three arbitrators are required to travel. For bidding purposes, assume each trip will be three days (two travel days and one working day), and travel will be from the furthest point CONUS to New Mexico.

5. PERIOD OF PERFORMANCE: The Hermit’s Peak base contract will have a 12-month base period of performance, with two (2) 1-year option periods. The Government may extend the terms of the contract, in accordance with FAR 52.217-8 if required. This will be accomplished by written notice to the contractor of its intent to extend.

The Period of Performance will commence at the date specified in the contract award.

6. RECOGNIZED HOLIDAYS: The COR will specify whether contractors are expected to work on federal holidays. The Government recognizes the following holidays:

New Year’s Day Labor Day Martin Luther King’s Birthday Columbus Day Presidents’ Day Veterans’ Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

7. CONFLICT of INTEREST: Arbitrators are strictly prohibited from participating in any commercial undertakings or cohabiting office premises with legal practitioners representing Hermit's Peak/Calf Canyon Fire claimants. This proscription applies uniformly to all claimants in the program, irrespective of their pursuit of arbitration proceedings. The contractor shall ensure that all arbitrators are informed of and comply with the conflict of interest policy.

8. CONTRACTOR TRAVEL: All reimbursement for travel and transportation shall be in accordance with the Federal Travel Regulation (FTR), FEMA’s Travel Policy Manual 122-1- 1, and the Federal Acquisition Regulation 31.205-46. The contractor will be authorized only those travel expenses specifically prescribed in the contract and consistent with the substantive provisions of the FEMA Travel Manual and the limitation of funds specified in the contract. All travel requires prior Government approval/authorization and notification to the Contracting Officer Representative (COR). In the event there is a conflict in the travel regulation, the FEMA’s Travel Policy Manual will take precedence.

If travel is required for in-person arbitration, the arbitrator(s) should arrive to the specified location not more than one (1) day prior to the scheduled hearing and depart not more than one (1) day after the hearing. If additional time is required in-person, approval from the COR is required before any travel is conducted.

9. MANAGEMENT PLAN: As part of its proposal, the contractor shall develop and submit a

Management Plan that outlines the ability of the contractor to meet the requirements of this contract. The Management Plan shall outline the contractor’s approach to perform the required services as listed in the PWS and shall demonstrate its understanding of the PWS and all applicable state and local regulations that are pertinent to this contract. In addition, the Management Plan shall outline the contractor’s strategy to maximize use of local arbitrators.

10. PERFORMANCE REQUIREMENTS: The contractor shall furnish all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items as necessary to perform the services as defined in this PWS. The contractor shall perform to the standards in this contract.

The contractor shall provide arbitration services in support of the Hermit’s Peak/Calf Canyon Claims Office. These services include, but are not limited to:

10.1. Develop and continuously maintain a roster of qualified arbitrators at the minimum quantity requested. Contractor shall:

10.1.1. Monthly Compensation: The contractor shall propose a Firm-Fixed-Price (FFP) monthly compensation that covers all reporting, coordination, and arbitration scheduling activities. This monthly compensation should be calculated based on the maximum number of arbitrators anticipated to be needed: 20 for the Base Period and Option Period 1, and 10 for Option Period 2.

10.1.2. Establish a Roster of Qualified Arbitrators: Identify and recruit experienced arbitrators who possess the necessary expertise and knowledge in the relevant fields as specified in Table 3 – Arbitrator Qualifications.

10.1.3. Roster Size: Establish and maintain a roster of four (4) arbitrators who meet the necessary qualifications, with the flexibility to increase the roster to up to 20 qualified arbitrators based on the anticipated volume of cases. FEMA estimates the need to roster 20 arbitrators in the Base Period and Option Period 1, and 10 arbitrators in Option Period 2.

10.1.3.1. Contractor shall have the capability to increase the roster size up to the requested 20 within 60 days of notice from the Contracting Officer's Representative (COR), ensuring timely adjustment to meet operational needs.

10.1.3.2. Decrease the minimum number of required arbitrators, 4, only at the direction of the COR, who will coordinate with Arbitration Administrator and FEMA Program to determine whether projected workload would justify a reduction in the minimum number of rostered arbitrators.

10.1.3.3. The contractor shall maintain a roster of the minimum number unless otherwise directed.

10.1.3.4. An arbitrator is considered successfully rostered upon meeting the job qualifications outlined in the PWS, passing a FEMA-issued background check, and commencing from the date of Entry on Duty.

10.1.4. Badging and GFE Travel Time: ensure all rostered arbitrators travel to specified FEMA badge offices for the collection of PIV badges and GFE laptops.

10.1.4.1. All travel time for badging and GFE pickup shall be billed under CLIN 0003A.

10.1.4.2. Arbitrators shall have seven (7) calendar days to schedule, travel, and collect badges and GFE laptops upon Entry on Duty and notification from

COR.

10.1.4.3. Contractor shall assume travel to FEMA HQ or Santa Fe, NM to secure PIV badging and GFE laptop.

10.1.4.4. Government will not reimburse for more than 16 hours for round-trip travel time per traveler.

10.1.4.5. The Contractor shall provide an hourly rate for travel time that provides a significant cost savings to the Government compared to standard Arbitration labor rates.

10.1.5. In-Person Travel Time: where possible, FEMA prefers that up to 25% of the total rostered arbitrators are local to New Mexico. Local arbitrators shall be prioritized for all in-person hearings.

10.1.5.1. All travel time for in-person hearings shall be billed under CLIN 0003B for cases < $500k, and CLIN 0003C for cases > $500k.

10.1.5.2. The Government will not reimburse for more than 24 hours of round-trip travel time per arbitrator for in-person hearings.

10.1.5.3. The Contractor shall provide an hourly rate for travel time that provides a significant cost savings to the Government compared to standard Arbitration labor rates.

10.1.6. Training Time: The Arbitration Administrator will develop and provide training and program materials to arbitrators and project/task order manager to enhance their understanding of the relevant laws, regulations, and procedures involved in handling Hermit’s Peak Fire Assistance Act claims. All training will be conducted virtually.

10.1.6.1. All training time shall be billed under CLIN 0003D – Training Time.

10.1.6.2. FEMA estimates that each arbitrator and the project/task order manager will require a total of 12 hours of training for all Security, Privacy, and Arbitration-related training.

10.1.6.3. FEMA will not reimburse any Arbitrator of the project/task order manager in excess of 12 hours of training unless approved by the Contracting Officer.

10.1.6.4. All Security and Privacy-related training must be completed within 15 calendar days of Entry on Duty.

10.1.6.5. All Arbitration-related training will be assigned by the COR and must be completed within 7 calendar days of issuance.

10.1.6.6. The COR will request certificates or other documentary proof as evidence of completion for all training sessions to validate fulfillment of requirements.

10.1.6.7. The Contractor shall provide an hourly rate for training time that provides a significant cost savings to the Government compared to standard Arbitration labor rates.

10.1.7. Establish Selection Process: Develop clear and objective process for random drawing selection of arbitrators based on any specific requirements outlined in the regulations and by the Claims Office.

10.1.8. Appointment and Assignment: Appoint qualified arbitrators with claims cases based on the selection process outlined in the regulations and by any guidelines developed by the Arbitration Administrator. Maintain a fair and transparent process for assigning arbitrators to ensure a random drawing and avoid conflicts of interest as required by 44 CFR 296.42(c).

10.1.9. Monitor Performance: Develop metrics to monitor performance of arbitrators, including assessing their adherence to procedural requirements, timeliness, impartiality, and quality of decisions. Conduct regular evaluations and feedback sessions to identify areas for improvement and ensure consistent quality in arbitration services.

10.1.10. Payment Terms for Arbitration Roster: The monthly Firm-Fixed-Price (FFP) cost will cover expenses linked to creating and managing the arbitration roster, scheduling hearings, and submitting required reports.

10.1.10.1. If this Contract is terminated before the end of a contract month, the Contractor shall be entitled to bill a pro-rated amount for the month in which the termination occurs.

10.1.10.2. The pro-rated amount shall be calculated based on the number of days in the month during which the Contract was in effect. The daily rate shall be determined by dividing the monthly fixed price by the number of days in the month.

10.2. Schedule and Conduct Arbitration Hearings

10.2.1. Randomly Assign Arbitrator(s) to Case: Upon receipt of case assignment from

FEMA, contractor shall assist Arbitration Administrator to randomly assign an Arbitrator(s) from list of available personnel.

10.2.2. Notification: Contractor shall contact the claimant within 20 calendar days to schedule a virtual or in-person hearing, in coordination with FEMA claims hearing representative’s and claimant’s availability. If contractor cannot reach claimant after 3 attempts, contractor shall notify FEMA.

10.2.2.1. FEMA Representative: It is anticipated that a FEMA representative will attend all scheduled arbitration hearings. The contractor shall coordinate with designated FEMA representative to ensure availability prior to finalizing arbitration hearing date.

10.2.2.2. Translation Services: Contractor shall notify FEMA if the claimant requires translation services. The Government will be responsible for providing translation services to the claimant.

10.2.3. Schedule Hearings: Contractor shall schedule hearing to take place within 60 calendar days of receiving the case assignment. Contractors shall prioritize local arbitrators for all in-person hearings.

10.2.3.1. Contractor shall attempt to schedule all hearings during local business hours (Monday – Friday, 0900 – 17:00 MST), depending on FEMA representative and claimant schedules. If claimant schedule does not allow for participation during local business hours, contractor may schedule hearings after hours, during weekends, or holidays. No additional fees will be paid for hearings scheduled after hours, on weekends, or during holidays.

10.2.3.2. Contractor shall schedule all hearings via a virtual meeting platform, unless the claimant specifically requests an in-person hearing. All virtual hearings must be conducted utilizing FEMA-issued laptops and software approved by FEMA (e.g., Teams, Zoom, etc.).

10.2.3.3. The Contractor shall coordinate with the COR and Arbitration Administrator to schedule all in-person hearings. The Contractor shall prioritize the utilization of available free venues. If these are unavailable, the Government will reimburse approved rental fees. All rental costs must be reviewed and approved by the COR prior to scheduling.

10.2.3.4. If hearings cannot be scheduled within 60 calendar days of receipt of case assignment, the Contractor shall notify the COR and Arbitration Administrator within 24 hours of coordination discussion with claimant.

The Contractor shall request an extension and specify the reason for the delay and the anticipated scheduled hearing date. The COR and Arbitration Administrator will review the request and determine whether the extension is justified.

10.2.4. Review Claims: Arbitrators shall thoroughly review the claims submitted by the parties involved, including all relevant documents, evidence, and arguments presented. The Government will provide arbitrators with electronic access to all files for review in the claimant’s administrative record. The cost of reviewing the administrative record is included in the Fixed Firm Price (FFP) unit cost per case.

10.2.5. Conduct Hearings: Arbitrators shall conduct hearings to allow the parties to present their case and provide oral arguments. Ensure a fair and orderly hearing process, adhering to procedural rules and providing each party an equal opportunity to be heard.

10.2.6. Assess Damages: In cases involving claims for compensatory damages, arbitrators should assess and determine the appropriate amount of damages, considering the evidence, applicable laws, and any relevant guidelines or standards.

10.2.7. Maintain Confidentiality: Arbitrators should maintain the confidentiality of the arbitration proceedings, ensuring that sensitive information shared by the parties remains protected.

10.2.8. Uphold Due Process: Arbitrators shall ensure that the arbitration process adheres to principles of due process, providing a fair and impartial forum for the resolution of disputes.

10.2.9. Timely Resolution: Arbitrators shall strive to resolve disputes in a timely manner, avoiding unnecessary delays and managing the proceedings efficiently within the timelines specified.

10.2.10. Final Written Decision: Arbitrators shall submit a final written decision to the Arbitration Administrator, the Contracting Officer Representative (COR), the claimant, and the Director of the Claims Office within 10 calendar days of the conclusion of the hearing date.

10.2.11. Rescheduled, Cancelled or Withdrawn Cases:. Contractor shall inform the Arbitration Administrator within one (1) business day when a request is made for a hearing to be rescheduled, cancelled, or withdrawn.

10.2.12. Replacement of Arbitrator: If during scheduled hearings the appointed arbitrator becomes incapacitated or is otherwise unable to continue fulfilling their duties due to physical or mental health issues, conflicts of interest, or other circumstance that impair their ability to conduct the arbitration effectively, the contractor shall immediately notify the Government and designate a qualified replacement.

10.2.12.1. The contractor shall promptly transfer all relevant case materials, documents, and notes to the replacement arbitrator to ensure a seamless transition.

10.2.12.2. The replacement arbitrator shall review the transferred materials and become familiar with the case's history and proceeding.

10.2.12.3. The arbitration proceedings shall resume or continue from the point where they were suspended due to the arbitrator's incapacity.

10.2.12.4. The qualified replacement shall be ready to assume arbitration duties within 72 hours of notification to the Government.

10.2.12.5. The Government will not reimburse any additional costs for rescheduled arbitration hearings.

10.2.12.6. The Government will reimburse half the per case cost if claimant cancels or withdraws within 72 hours of the scheduled hearing date. A claimant is allowed to reschedule a hearing only once. Contractor shall immediately notify the Government when claimant reschedules, cancels, or withdraws from hearing.

10.3. Reporting requirements

10.3.1. Maintain comprehensive records of arbitrator qualifications, assignments, decisions, and any other relevant data as requested by the Claims Office, Contracting Officer, or COR. Generate regular reports to keep the Claims Office and COR informed about the status of arbitration cases, including key metrics, trends, and any challenges encountered.

10.3.2. Submit all reports, memoranda, recommendations, analyses, and other products to the COR on schedule. The contractor shall provide reports to the COR in useable electronic format (e.g., Microsoft Word, Microsoft Excel, PDF, etc.) All reports and work products completed by the contractor shall become the sole property of FEMA, and may be used in part, or in their entirety, at the discretion of FEMA.

10.3.3. If submitted reports and documents do not conform to this contract’s criteria, the contractor shall be required to resubmit such documentation with the deficiency corrected, at no additional cost to the Government.

10.3.4. All Reports may be subject to alteration depending on mission needs. All required reports can be found Table 2 - Deliverables of this document.

11. CONTRACT TYPE: The Government will utilize a single-award, Firm Fixed Price, Labor Hour, and Time and Materials (T&M) hybrid contract.

CLIN CLIN Type Unit of Measure

0001 - Roster Arbitrators FFP (Monthly) Each

0002 – Travel and Miscellaneous T&M

0003 – Travel & Training Time LH Hourly

0003A – Travel Time Badging and GFE LH Hourly

0003B – Travel Time Arbitration Hearings (<$500k) LH Hourly

0003C – Travel Time Arbitration Hearings (> $500k) LH Hourly

0003D – Training Time LH Hourly

0004 – Arbitration Hearing FFP Each

0004A – Hearing < $500k FFP Each

0004B – Hearing > $500k FFP Each

0004E – Cancellations (<$500k) FFP Each

0004F – Cancellations > $500k FFP Each

FEMA will pay a Firm-Fixed-Price (FFP) per case/per arbitrator, i.e., cases $500,000 or less will pay a FFP to 1 arbitrator; cases exceeding $500,000 will pay FFP rate to each of the 3 arbitrators. Unit cost for cases shall include: receipt of case, review of case files, conducting the hearing, and writing the decision memo and delivery of the decision memo. For bidding purposes, assume each case will require an average of three (3) hours of work, excluding any travel time for in-person hearings. For cases that are withdrawn or cancelled, up to half of the unit cost per case is allowable to be invoiced when the case is withdrawn 72 hours or less before the hearing.

12. PERFORMANCE REQUIREMENTS SUMMARY:

Table 1 – Performance Requirements Summary

Performance Area Performance Standard Performance Threshold Surveillance Method Security, Privacy and Arbitration Training

Complete Security and Privacy training within 14 calendar days of EOD;

complete arbitration training within 7 calendar days of issuance.

100% compliance COR/TM Verification

Claimant Notification

Communicate with claimant within 20 calendar days of receiving case assignment and schedule hearing.

Conduct Hearings

Conduct hearings within 60 days of receiving case assignment.

95% compliance COR/TM Verification

Hearing Resolution

Issue final written decision within 10 calendar days of the conclusion of the hearing.

Timeline – Reports

Reports shall be submitted within the timeframes specified in the PWS.

13. DELIVERABLES AND DELIVERY SCHEDULE:

Table 2 – Deliverables

Deliverable Frequency Due Date Kickoff Meeting and Notes:

The contractor shall participate in a kickoff meeting no later than five (5) business days following Period of Performance start date/. The contractor shall introduce the designated Lead(s) and other staff if applicable. The contractor shall take notes and provide a digital copy to the COR and TM no later than three (3) business days following the conclusion of the kickoff meeting.

Once Meeting: 5 days after Period of Performance start date, or otherwise directed by

COR

Notes: 3 days after meeting

Quality Control Plan:

The Contractor shall develop and submit a draft QCP at time of proposal that identifies the methods, procedures, Once At Proposal, and 30 calendar days from Period of Performance start date and

Table 2 – Deliverables

Deliverable Frequency Due Date and responsibilities for quality control activities during the execution of this contract.

The Government may provide input on the draft QCP.

The contractor shall incorporate Government’s feedback into the final QCP, which is due 30 calendar days after the start of the Period of Performance.

based off Government feedback.

Draft Quality Assurance Surveillance Plan:

The contractor shall develop and submit a proposed QASP within 30 calendar days after Period of Performance start date. The draft QASP will outline how the Government will monitor, observe, evaluated, and document the contractor’s performance to ensure it meets the required standards of this PWS. The Government may use the contractor’s proposed QASP for consideration when developing the Government’s final plan.

Once 30 calendar days from Period of Performance start date and based off Government feedback.

Security and Privacy Training Certificates – Submit all applicable training certificates to the COR within the timelines specified in the contract.

As required Within 15 calendar days of EOD, and annual recertification by October 31 of each year.

Monthly Progress Report:

Contractor shall submit a monthly report summarizing workload, including but not limited to arbitration notices, scheduled hearings, hearings in progress, number of staff supporting operations, challenges, milestones, and other pertinent information as requested by the COR.

Monthly By the 15th of each month

Final Written Decision:

Contractor shall render a written decision for each arbitration case. The decision will establish the compensation due to the claimant, if any, and the reasons therefor. The written decision will be transmitted to the Arbitration Administrator, the Contractor Officer Representative (COR), the claimant, and the Director of the Claims Office. The written decision should be rendered no later than 10 days after the hearing is concluded. If a panel of three arbitrators conducts the arbitration, at least two of the three arbitrators must sign the decision.

As required No later than 10 days after a hearing is concluded

Final Report:

Contractor shall submit, within 30 days of the

Once 30 days following completion of contract

14. KEY PERSONNEL: The key personnel specified in this contract are essential to successful contract performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employment of the Contractor), the Contractor shall notify the COR and Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract.

14.1. Project/Task Order Manager - the Project/Task Order Manager must have at least 5 years of experience in managing projects of similar size and scope.

14.2. Arbitrators

15. ARBITRATOR QUALIFICATIONS: The contractor shall ensure with Government concurrence that all arbitrators meet the minimum qualifications as specified in Table 3 – Arbitrator Qualifications. The Government will review and approve all resumes before arbitrators are added to the roster.

Table 3 – Arbitrator Qualifications

Bar Membership: Arbitrators must have active “in good standing” bar membership of a State of the United States, the District of Columbia, or a territory of the United States.

Legal Experience: At least 10 years of legal experience in at least one, or any combination, of the following subject-matter areas –

1. Agriculture

2. Complex civil litigation

3. Insurance claims

4. Complex commercial litigation

5. Business transactions

6. Forestry

7. Land use

Table 2 – Deliverables

Deliverable Frequency Due Date completion of the contract, outlining all work accomplished under the contract and problems encountered. The report shall also make recommendations regarding future performance of similar projects.

8. Water rights

9. Property valuation

Arbitration Experience: At least 5 years of experience serving as an arbitrator, or 5 years of judicial experience. Arbitration experience must include ability to:

1. Schedule a hearing

2. Review a record from administrative appeal

3. Conduct an arbitration hearing, both in person and via an online platform such as Teams and/or

Zoom.

4. Write a timely decision based on the record, the hearing, and the law.

17. EQUIPMENT AND OFFICE REIMBURSEMENT: The contractor shall be prepared to furnish all materials and property necessary to perform the requirements in this contract.

Office-related supplies and materials are not reimbursable.

18. GOVERNMENT-FURNISHED EQUIPMENT: The Government anticipates that GFE laptops will be provided to the contractor, but it will not provide GFE phones. The contractor shall ensure that all personnel working under this contractor shall have a working phone for communications. The contractor shall ensure it has a property management system in accordance with FAR 45.104. The contractor shall maintain a log of all GFE issued over the course of the contract. The contractor shall ensure that all GFE is returned to the Government within five (5) business days when a contractor severs from the contract or when the contract is complete, whichever comes first.

19. DATA RIGHTS: All data collected or stored, or as part of other requirements set forth in this

PWS, is owned by FEMA. Under the provisions of the Rights in Data Special Works (FAR 52.227-17), the Government reserves all rights, including copyrights, distribution rights, and other rights for all documents, data or software developed in the performance of this contract.

20. INVOICING: The contractor shall not bill any direct labor hours for invoice-related services.

The Contractor shall submit all invoices no later than the 15th day of the subsequent month following delivery and acceptance of services. Invoices shall include the contract number, the period of performance, labor hours spent, and all expenses, with receipts (e.g., labor hours, travel, etc.) incurred by the contractor, including all subcontractor costs, within the invoice’s Period of Performance, which shall not exceed 30 days.

21. NON-PERSONAL SERVICES AND INHERENTLY GOVERNMENTAL FUNCTIONS: The

Government will neither continuously supervise contractor employees nor directly control the method by which the contractor performs the required tasks. Under no circumstances will the Government maintain continuous, direct supervision of contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that may cause the appearance of a personal services contract, including performing inherently governmental functions as outlined in FAR Subpart 7.5.

Contractor personnel shall take direction only from designated direct lead or supervisor, who shall be a contractor personnel. Contractor lead(s) or designated supervisor(s) shall take instruction only from appointed COR, Contracting Officer or designated Technical Monitor

(TM).

22. HEALTH AND SAFETY: The Contractor shall ensure that all applicable health and safety requirements for infectious and communicable diseases are followed in accordance with federal regulations. All costs associated with providing contractor personnel with regulatory mandated Personal Protective Equipment (PPE) and testing will be the responsibility of the contractor, and will not be reimbursed by the Government.

The Government reserves the right to request the removal of any contractor employee from a Task Order for any reason. If a request for removal is made by the Contracting Officer or COR, the Contractor shall have forty-eight (48) hours to propose a replacement with similar qualifications. Upon review and acceptance by the Contracting Officer and COR, the contractor shall have forty-eight (48) hours, or a timeframe specified by the COR, to arrive at designated TDY.

23. BACKROUND CHECKS AND SECURITY: The contractor is responsible for ensuring all contractor personnel receive a favorably adjudicated Moderate Risk Background Investigation (MBI) background check prior to entry on duty (EOD). Contractors performing on this contract must be United States Citizens. Contractor applicants must also be 18 years of age or older to allow for the conduct of certain security related queries. To initiate the request to process contractor personnel, the Contractor shall provide the FEMA COR with all required information and comply with all necessary instructions.

The contractor is responsible for ensuring that all contractor personnel properly submit all required background information in a timely manner. Upon start date of Period of Performance and submission of Key Personnel names, FEMA will initiate the Electronic Questionnaires for Investigations Processing (e-QIP) process, and all contractor personnel shall have seven (7) business days upon receipt of notification to complete e-QIP, including the submission of any fingerprint cards unless otherwise specified. FEMA Personnel Security Division (PSD) will notify the COR of the names of the contractor personnel eligible to work. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

24. STANDARD OPERARTING PROCEDURES: The COR may provide SOPs to further clarify and provide guidance on contract deliverables. All SOPs will be drafted by the Government and sent to the contractor for review and acceptance before implementation.

25. SECURITY AND PRIVACY REQUIREMENTS: All personnel require access to information up to the sensitive but unclassified, for official use only (FOUO) levels. Contractor must ensure contractor employees receive a favorably adjudicated public trust suitability prior to entry on duty (EOD), and cannot commence any contract work prior to EOD unless otherwise directed by the Contracting Officer. All individuals shall be U.S. citizens. The contractor shall follow the standards established within DHS and FEMA policy. Proposed candidates cannot be current FEMA employees. If the candidate is a former FEMA employee, their separation must be processed before they are proposed. All contractor staff must be vetted by FEMA OCSO to work on this contract.

• OPSEC TRAINING: Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness Brief. Access to the briefing can be obtained at http://cdsetrain.dtic.mil/opsec/. Send the certificate of completion to the FEMA Contracting Officer Representative (COR) no later than 15 calendar days after EOD.

New employees entering the contract must receive the briefing within five (5) business days of joining the contract.

• INSIDER THREAT TRAINING: Insider Threat training for Contractors can be found at:

http://cdsetrain.dtic.mil/itawareness/index.htm. Certificate of training is required for all cleared contractor employees who are working with classified or unclassified information. All certificates must be sent to the assigned FEMA Contracting Officer Representative (COR), before the Contractor or Subcontractor is granted access to classified or unclassified information but no later than 15 calendar days after EOD. All cleared contractor personnel are required to recertify Insider Threat training annually thereafter. New employees entering the contract must receive the briefing within five

(5) business days of EOD.

• FOR OFFICIAL USE ONLY (FOUO) INFORMATION: In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities.

The contractor shall:

http://cdsetrain.dtic.mil/opsec/ http://cdsetrain.dtic.mil/itawareness/index.htm

• Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

• Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

• Be aware that divulging information without proper authority could result in administrative or disciplinary action.

Contractors and Consultants shall execute a DHS Form 11000-6, Sensitive but Unclassified Information Non Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager. Execution of the NDA shall be effective upon date of the DHS Policy and not applied retroactively

Foreign Travel and Government-Issued Equipment

Per DHS and FEMA IT policy, FEMA employees and contractors are not authorized to take government-issued equipment, including cell phones, computers, or tablets such as iPads, outside of the United States regardless of the reason for travel. If government-issued equipment is required for official foreign travel, FEMA government employees may request a temporary loaner device through the Mobility Service Center.Office of the Chief Information Officer, Service Center for the duration of their trip. FEMA contractors must contact their contracting officer’s representative (COR) for further guidance.

If your device is detected as operating outside of the United States and its territories it will be disabled, and your information will be forwarded to the Office of Professional Responsibility for review.

Background Investigations

All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

Low Risk without Information System Access https://usfema.sharepoint.com/teams/FEMAET/it_tools/tsc/Pages/default.aspx

Contractor personnel occupying positions or performing functions with a Low Risk designation and who do not require access to DHS or FEMA information systems may undergo a Tier 1 investigation with a credit check and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract. (also reference Facility Access).

Low Risk with Information System Access

Contractor personnel occupying positions or performing functions with a Low Risk designation and who require access to DHS or FEMA information systems shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Moderate Risk

Contractor personnel occupying positions or performing functions with a Moderate Risk designation shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

High Risk

Contractor personnel occupying positions or performing functions with a High Risk designation shall undergo a Tier 4 Suitability Background Investigation (T4) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Background Investigation Process

To initiate the request to process contractor personnel, the Contractor shall provide the FEMA Contracting Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if:

the investigation was completed within the last five years, it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract, the contractor personnel have not had a break in employment since the prior favorable adjudication, and, FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email directly to the contractor applicant/personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the National Background Investigation Services (NBIS) e-Application (eAPP) online system and instructions for submitting the necessary information:

Standard Form 85P, “Questionnaire for Public Trust Positions” Optional Form 306, “Declaration for Federal Employment” SF 87, “Fingerprint Card” (2 copies) DHS Form 11000-6, “Non-Disclosure Agreement” DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act”

FEMA PSD will only accept complete packages consisting of all of the above document and Standard Form 85P, which must be completed electronically through the National Background Investigation Services (NBIS) e-Application (eAPP) online system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern. In such cases, FEMA’s Personnel Security Division will provide notice of such temporary eligibility to the COR who will then notify the Prime Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Prime Contractor nor the contractor personnel has any right to such a grant of temporary eligibility. The grant of such temporary eligibility shall not be considered as assurance that the contactor personnel will remain eligible to perform work under this contract upon completion of and final adjudication of the full background investigation.

Upon favorable adjudication of the full background investigation, FEMA’s Personnel Security Division will update the contractor personnel’s security file and take no further action. In any instance where the final adjudication results in an unfavorable determination FEMA’s Personnel Security Division will notify the contractor personnel directly, in writing, of the decision and will provide the COR with the name(s) of the contractor personnel whose adjudication was unfavorable.

The COR will then forward that information to the Contractor. Contractor personnel who receive an unfavorable adjudication shall be ineligible to perform work under this contract. Unfavorable adjudications are final and not subject to review or appeal.

Continued Eligibility and Reinvestigation

Eligibility determinations based on a Low Risk T1, Moderate Risk T2S or High Risk T4 are valid for five years from the date that the investigation was completed and closed. Contractor personnel required to undergo a background investigation to perform work under this contract shall be ineligible to perform work under this contract upon the expiration the background investigation unless and until the contractor personnel have undergone a reinvestigation and FEMA’s Personnel Security Division has renewed their eligibility to perform work under this contract.

Exclusion by Contracting Officer

The Contracting Officer, independent of FEMA’s Personnel Security Division, may direct the Contractor be excluded from working on this contract. Any contractor found or deemed to be unfit or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of the agency may be removed.

FACILITY ACCESS

The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity Verification Guidance,” FEMA Directive 121-3 “Facility Access,” and FEMA Manual 121-3-1 “FEMA Credentialing Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain any necessary identity badges for contractor personnel.

Contractor personnel working within any FEMA facility who do not require access to DHS or FEMA IT systems and do not qualify for a PIV Card may be issued a Facility Access Card (FAC). FACs cannot exceed 180 days; all contractors requiring access greater than 180 days will need to qualify for and receive a PIV card before being allowed facility access beyond 180 days.

Contractor personnel shall not receive a FAC until they have submitted a SF 87, “Fingerprint Card,” and an OF306, Declaration for Federal Employment, and receive approval from FEMA PSD. Contractor personnel using a FAC for access to FEMA facilities must be escorted in Critical Infrastructure areas (i.e., server rooms, weapons rooms, mechanical rooms, etc.) at all times.

FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the Chief Security Officer has determined to be a potential security threat.

SEPARATION FROM CONTRACT

The Contractor shall notify the FEMA COR of all terminations/resignations within five

(5) calendar days of occurrence. The Contractor must account for all forms of Government-provided identification issued to contractor employees under a contract (i.e., the PIV cards or other similar badges) must return such identification to FEMA as soon as any of the following occurs:

• When no longer needed for contract performance.

• Upon completion of a contractor employee’s employment.

• Upon contract completion or termination.

If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and…