2.2.1 Attachment 1 PWS v3 - Hermits Peak - Arbitration 2026.pdf

PERFORMANCE WORK STATEMENT

FEMA HERMIT’S PEAK/CALF CANYON CLAIMS OFFICE

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 (“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.

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 is 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 review of each claim, the Claims Office issues an official determination specifying the amount of compensatory damages to which the claimant is entitled.

The Hermit’s Peak Fire Assistance Act provides that a dispute regarding a claim submitted under the Act may be settled through binding arbitration if the claimant elect's arbitration. The Act further authorizes FEMA to establish procedures governing the arbitration process. The Contractor shall perform arbitration services in accordance with the Act, applicable regulations, and procedures established by FEMA.

2. DEFINITIONS

2.1. Arbitration Administrator- For purposes of this Contract, the Arbitration Administrator means the FEMA official designated by FEMA to administer and oversee the Hermit’s Peak/Calf Canyon Claims Office Arbitration Program and to serve as FEMA’s primary point of contact for the administration of the Arbitration Program.

3. APPLICABLE LAW, REGULATION, AND POLICY: The claims process is generally described in the Hermit’s Peak/Calf Canyon Fire Assistance Website (https://www.fema.gov/disaster/current/hermits-peak), and implementing regulations and policies. The contractor shall ensure all work is in compliance with applicable law, policies, procedures,.

4. 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 1,700 arbitrations hearings to take place during the Period of Performance of this contract, with 55% of cases occurring during the Base Period, 35% occurring in Option Period 1, and 10% occurring in Option Period 2. FEMA estimates a weekly average of up to 8 arbitration hearings.

The contractor shall furnish a roster of qualified arbitrators at the quantities specified in https://www.fema.gov/disaster/current/hermits-peak

11.1.3 to assist the Claims Office with arbitration proceedings. 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:

• The arbitration shall be conducted using the standard of review applicable to the assigned arbitration, consistent with the Act, applicable regulations, governing court orders, and written direction provided by FEMA under this contract.

• Arbitration proceedings may include:

• Pre-Arbitration Conference: As necessary or when warranted by the complexity of the case, a pre-arbitration conference may be conducted prior to the arbitration hearing. The conference may be used to identify and clarify the issues in dispute, exchange witness and exhibit lists, discuss stipulations of fact, address procedural matters, and coordinate scheduling or other logistical matters related to the arbitration proceedings.

• The arbitrator shall resolve all motions filed by the parties through written rulings.

• Review of the materials designated for the assigned arbitration, pre- arbitration conference, hearing duration, and drafting the arbitration decision should not exceed a total of 24 hours, unless otherwise approved in advance by the COR:

• The Arbitration Administrator will determine which category the arbitration falls into regarding complexity and estimated time. Complexity levels shall be used to estimate the effort required to review and resolve claims or related matters under this Performance Work Statement.

• Up to 12 hours: Low-complexity cases under $500,000 are expected to require approximately 6 to 12 hours and generally involve one principal issue or a small number of closely related issues, a straightforward record, standard-rate or simple actual-cost valuation, limited testimony, and no material expert conflict or novel policy issue. Examples include routine smoke or ash cleaning damages, standard firewood, simple evacuation actuals or standard-rate items, and uncomplicated contents, vehicle, livestock, hay, flood-insurance, or medical expense issues. This is not an exhaustive list. It is estimated that approximately 90% of all arbitrations (1,530) will fall within this tier.

• Up to 12–18 hours: Moderately complex cases over $500,000 are expected to require approximately 12 to 18 hours and generally involve multiple disputed issues or loss line items, a moderate record, non-routine calculations, meaningful ownership, causation, insurance, or duplication-of-benefits analysis, some conflicting evidence, or limited subject-matter expert input. Examples include smoke claims above $500,000, multiple-owner or estate issues, temporary housing or loss-of-use disputes, SBA or insurance-offset disputes, limited cascading-impact issues, and government or private nonprofit claims involving Public Assistance or Disaster Initiated Victims. This is not an exhaustive list. It is estimated that approximately 2% of all arbitration (34) cases will fall within this tier.

• Up to 18–24 hours: Highly complex cases over $500,000 are expected to require approximately 18 to 24 hours and generally involve multiple interdependent or technically complex issues, a large record, competing experts, complex valuation or allocation, substantial hearing management, or novel legal or policy issues.

Examples include complex total loss, reforestation or private restoration plans, business interruption or net-income loss, acequia system claims, risk reduction, extensive cascading impacts, and multi-disciplinary causation disputes. This is not an exhaustive list. It is estimated that approximately 8% of all arbitrations (136) will fall within this tier.

• The Arbitrator shall independently determine the Claimant’s entitlement to compensation and the amount of compensation, if any, for the disputed claim only, in accordance with the applicable law and the standard of review governing the assigned arbitration.

5. 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, such as FEMA Claims Office facilities, 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 1,700 total arbitration cases, with in-person arbitrations accounting for a potential maximum of 5% of all cases. For bidding purposes, assume that up to 5% 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.

6. 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.

7. 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

8. CONFLICT of INTEREST: No person shall serve as an arbitrator in any arbitration proceeding under this Agreement if that person has been directly involved in the underlying matter, dispute, or controversy prior to the commencement of arbitration. Any individual who has participated in the events giving rise to the dispute, provided legal, financial, or other professional services related to the matter, or otherwise has a material interest or prior involvement, shall be disqualified from serving as an arbitrator. 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.

3052.209-72 Organizational conflict of interest.

Organizational Conflict of Interest (JUN 2006)

(a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting have been identified as the following: a potential organizational conflict of interest where either the organization or individual subject to the contractor's control (employee, subcontractor, agent, etc.) may either present impaired objectivity, possess unequal access to information, work within biased ground rules, or some combination, due to the organization or individual's involvement with the Hermits Peak arbitration proceedings. This involvement includes, but is not limited to, participating in litigation relating to the Administrative Procedures Act challenges affecting the level of effort required for the present arbitration contract.

(b) If any such conflict of interest is found to exist, the Contracting Officer may

(1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award.

(c) Disclosure: The offeror hereby represents, to the best of its knowledge that:

_(1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or

_(2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this clause.

(d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this clause do not apply to the extent defined in the mitigation plan.

(e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict.

(f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this clause.

(g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold.

(End of clause)

9. 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.

10. 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.

11. 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 FEMA’s administration of claims under the Hermit’s Peak/Calf Canyon Fire Assistance Act. These services include, but are not limited to:

11.1. Start-up Tasks: The contractor shall as part of their Start-up Tasks:

11.1.1. Contractor shall participate in a kickoff meeting no later than five (5) business days following Period of Performance start date. The contractor shall take notes and provide a digital copy to the COR/TM no later than three (3) business days following the conclusion of the kickoff meeting.

11.1.2. Roster the six (6) minimum number of qualified, skilled Arbitrators identified in the PWS;

11.1.3. Submit Personnel Security documentation for vetting of rostered personnel to establish Entrance on Duty (EOD) for all 20 rostered Arbitrators and all program management staff;

11.1.4. The Contractor shall develop and submit a draft QCP at proposal. 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.

11.1.5. The contractor shall develop and submit a proposed QASP within 30 calendar days after Period of Performance start date.

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

11.2.1. Monthly Compensation: The contractor shall propose a Firm-Fixed-Price (FFP) monthly compensation for PMO personnel 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.

11.2.2. 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.

11.2.3. Roster Size: Establish and maintain a roster of six (6) 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. At the time of proposal, the contractor shall provide resumes for all 20 arbitrators. FEMA estimates the need to roster 20 arbitrators in the Base Period and Option Period 1, and 10 arbitrators in Option Period 2.

11.2.3.1. 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.

11.2.3.2. Decrease the minimum number of required arbitrators, 6, only at the direction of the COR, who will coordinate with the Arbitration Administrator and FEMA Program to determine whether projected workload would justify a reduction in the minimum number of rostered arbitrators.

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

11.2.3.4. 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.

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

11.2.4.1. All travel time for badging and GFE pickup shall be billed under CLIN 0004.

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

COR.

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

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

11.2.4.5. 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.

11.2.5. 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.

11.2.5.1. All travel time for in-person hearings shall be billed under CLIN 0004.

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

11.2.5.3. 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.

11.2.6. Training Time: Arbitrators are expected to possess the professional qualifications, experience, and subject matter expertise necessary to perform their duties under this contract. Accordingly, formal training is not required.

However, if the Contractor determines that program-specific orientation is necessary may provide informational materials or briefings regarding unique procedural requirements associated with Hermit’s Peak Fire Assistance Act claims. Any such orientation shall be conducted virtually.

11.2.6.1. All training time shall be billed under CLIN 0004 – Training Time.

11.2.6.2. 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.

11.2.6.3. 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.

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

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

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

11.2.6.7. 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.

11.2.7. Establish Selection Process: Develop clear and objective process for the random drawing selection of arbitrators based on applicable law, regulations, and written direction provided by FEMA.

11.2.8. Appointment and Assignment: Assign qualified arbitrators to arbitration matters in accordance with the selection process established by FEMA, applicable law, regulations, and written direction provided under this contract.

Maintain a fair and transparent assignment process that avoids conflicts of interest.

11.2.9. 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.

11.2.10. 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.

11.2.10.1. 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.

11.2.10.2. 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.

11.3. Schedule and Conduct Arbitration Hearings

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

FEMA, the Contractor shall randomly assign one or more qualified Arbitrators from its roster in accordance with the selection procedures established by

FEMA and this contract.

11.3.2. 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.

11.3.2.1. 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.

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

11.3.3. Schedule Hearings: Contractor shall schedule hearing to take place within 90 calendar days of receiving the case assignment. Contractors shall prioritize local arbitrators for all in-person hearings.

11.3.3.1. Contractor shall attempt to schedule all hearings during local business hours (Monday – Friday, 0900 – 1700 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.

11.3.3.2. 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.).

11.3.3.3. 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, such as FEMA Claims Office facilities. 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.

11.3.3.4. If hearings cannot be scheduled within 90 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.

11.3.4. Review Claims: Arbitrators shall thoroughly review the claims submitted by the parties involved, including all relevant documents, evidence, and arguments presented. The cost of reviewing the materials designated for the assigned arbitration is included in the Fixed Firm Price (FFP) unit cost per case.

11.3.5. 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.

11.3.6. Assess Damages: In cases involving claims for compensatory damages, arbitrators should assess and determine the appropriate amount of damages, considering the evidence, applicable laws, the governing standard of review, and any other applicable legal requirements.

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

11.3.8. 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.

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

11.3.10. 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, unless otherwise directed by FEMA.

11.3.11. Rescheduled, Cancelled or Withdrawn Cases: Contractor shall inform the Arbitration Administrator and the COR within one (1) business day when a request is made for a hearing to be rescheduled, cancelled, or withdrawn prior to 72 hours of the set hearing date.

11.3.12. 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.

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

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

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

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

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

11.3.12.6. The Government will reimburse half the per case cost if claimant cancels or withdraws within 72 hours of the scheduled hearing date. Contractor shall immediately notify the Government when claimant cancels or withdraws from hearing.

11.4. Reporting requirements

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

11.4.2. 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.

11.4.3. 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.

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

12. 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 – Start-up Tasks FFP Each

0002 – PMO Personnel FFP (Monthly) Each

0003 – Travel and Miscellaneous T&M

0004 – Travel & Training Time LH Hourly

0005 – Case Review and Arbitration Hearings FFP Each

0006 – Case Review Overtime T&M Each

a. CLIN 0001: Start-Up Tasks – The contractor shall provide the requisite Key Personnel, and a qualified, vetted roster of qualified Arbitrators available to support all task orders. The contractor shall also provide the one-time deliverables: Kickoff Meeting & Notes, QASP, and QCP delivery and acceptance.

b. CLIN 0002: PMO Personnel – The contractor shall propose a fixed Project Management Rate, not to exceed 4% of CLIN 0005 and CLIN 0006 costs. Project Management Rate will cover all costs associated with contract administration and project oversight as defined at the Task Order level. This fixed cost shall be distributed evenly over the life of the period of performance at the order level.

c. CLIN 0003: Travel (ODCs) and Miscellaneous– All allowable Travel and Miscellaneous costs shall be prescribed in the TOPR and will only be reimbursable provided the expense is explicitly identified as reimbursable on the TOPR or contract

d. CLIN 0004: Travel and Training Time- The Contractor shall propose a fixed hourly rate for Arbitrator travel and training time that will be reimbursable as prescribed in the TOPR.

e. CLIN 0005: Case Review and Hearings – The Contractor shall propose a fixed hourly rate for Arbitrator case review and hearings.

f. CLIN 0006: Case Review Overtime- The Contractor shall propose costs in overtime up to five (5) hours per case for each complexity category.

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. FEMA will pay a Time and Materials cost in overtime up to five (5) hours per case not to exceed 10% of the lower complexity cases and 5% of the moderate to most complex cases. For bidding purposes, assume less complex cases will require up to twelve (12) hours of work, excluding any travel time for in-person hearings. Assume no more than 10% of cases in this tier will require overtime up to five

(5) hours per case. For bidding purposes, assume moderately complex cases will require up to eighteen (18) hours of work, excluding any travel time for in-person hearings. Assume no more than 5% of cases in this tier will require overtime up to five (5) hours per case. For bidding purposes, assume the most complex cases will require up to twenty-four (24) hours of work, excluding any travel time for in-person hearings. Assume no more than 5% of cases in this tier will require overtime up to five (5) hours per case.

For cases that are 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.

13. 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;

100% compliance COR/TM Verification

Claimant Notification

Communicate with claimant within 20 calendar days of receiving case assignment and schedule the initial arbitration proceedings, including any applicable pre-hearing conferences and the hearing.

Conduct Hearings

Conduct hearings within 90 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.

100% compliance COR/TM Verification

Timeline – Reports

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

14. 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 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.

Once At Proposal, and 30 calendar days from Period of Performance start date and based on 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.

Weekly Progress Report:

Contractor shall submit a weekly 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.

Weekly By Friday of each week

Final Written Decision:

The Arbitrator shall render a written decision for each assigned arbitration. 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 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.

Once 30 days following completion of contract

15. KEY PERSONNEL: The key personnel specified in this contract are essential to successful contract performance. The Contractor shall designate a Program Manager and rostered arbiters as Key Personnel and shall provide PMO support staff to manage all aspects of this PWS. 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.

15.1. Program Manager - The Program Manager shall be the contractor’s primary Point-of-Contact when interfacing with FEMA on all contract-related issues. Key Personnel shall also be available for any meetings, including weekly, monthly, or quarterly assessment meetings. Any changes to Key Personnel after award must be approved by the COR and CO in writing.

Education and Years of Experience required for Program Manager: Bachelor’s Degree in business or related field.

Qualifications for Program Manager:

• Must have high-level management and leadership skills.

• Ability to both lead and function as a member of a team.

• Must have excellent written and oral communication skills.

• Must have attention to detail, great organizational skills, as well as the ability to multi-task and work well under pressure.

• Must have conflict resolution and problem-solving skills to include risk management.

• Must have cost control and budgeting skills.

• Must have teamwork and motivational skills.

15.2. Arbitrators: 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

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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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).

21. 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.

22. 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.

23. 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.

24. 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.

a. 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.

b. 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.

c. FOR OFFICIAL USE ONLY (FOUO) INFORMATION: In accordance with DHS http://cdsetrain.dtic.mil/opsec/ http://cdsetrain.dtic.mil/itawareness/index.htm

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:

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

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

iii. 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…