2.2.1 Attachment 4 - Evaluation Factors Hermit's Peak Arbitration - FINAL.pdf

FEMA Public Assistance (PA) Hermit’s Peak Arbitration Support Evaluation Factors and Criteria

ACQUISITION STRATEGY

The Government intends to award a single award IDIQ to the responsible offeror whose proposals represents the best value to the Government. Using the best-value tradeoff process, the Government will evaluate each proposal in accordance with the three (3) non-price evaluation factors and price to procure a single award contract under this acquisition.

BASIS FOR AWARD, EVALUATION FACTORS, ORDER OF IMPORTANCE, AND

OVERALL PROPOSAL REQUIREMENTS

Basis for Award - Best Value / Trade Off

In accordance with FAR 15.101-1 Trade off, the award will be made based on proposals that are determined to provide the best value as a whole to the Government with appropriate consideration given to the following four (4) evaluation factors: Corporate Experience, Key Personnel, Management Plan, Past Performance and Price. This approach does not require FEMA to award to the Offeror(s) submitting the lowest priced proposal or to the Offeror(s) submitting the highest technically rated proposals. It is the Government’s objective to award one IDIQ contract. FEMA reserves the right to award a contract to the Offeror who proposes the best value.

The Government will award a single Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation to the responsible Offeror whose proposal represents the best value to the Government, price and other non-price factors considered. In making a best value determination for award, the Government is more concerned with obtaining a superior solution rather than making an award to the Offeror with the lowest evaluated price. The Government will make a best value technical/price tradeoff award determination. The Government reserves the right to make an award to a higher priced Offeror for a superior solution as set forth in the non-price factors. As such, the Government may award to other than the lowest priced Offeror, or other than the Offeror with highest technical rating. As the merits of the non-price factors become closer or even, price will become more important in the award determination. Non-price factors, when combined, are significantly more important than price.

Evaluation Factors

This evaluation shall evaluate each Offeror by the proposal received in response to the solicitation. The evaluation will be conducted using the following factors:

Factor One (1): Corporate Experience (Confidence Rating) Factor Two (2): Key Personnel (Confidence Rating) Factor Three (3): Program Management Plan (Confidence Rating)

Factor Four (4): Past Performance (Confidence Rating, to include Neutral Rating) Factor Five (5): Price and Business Proposal

Order of Importance Factor 1 (Corporate Experience) is the most important factor, followed by Factor 2 (Key Personnel), which is more important than Factor 3 (Management Plan). Factor 3 (Management Plan) is more important than Factor 4 (Past Performance). All non-price factors, when combined, are significantly more important than Factor 5 (Price). Offerors are ineligible for award if they are rated “Low Confidence” on Factor 1 (Corporate Experience); or “Low Confidence” under Factor 2 (Key Personnel); or “Low Confidence” under Factor 3 (Program Management Plan); or “Low Confidence” under Factor 4 (Past Performance).

Overall Proposal Requirements

Offerors are required to comply with the following instructions for proposal preparation and submission. Any Offeror who fails to follow all instructions may risk: (1) a lower confidence rating being assigned to their proposal; (2) creating proposal deficiencies, or (3) their proposal being rejected in its entirety.

In addition, clarity and completeness of all material submitted or presented is required.

Submitted material and presentations shall be practical, tailored to the solicitation, and be clear and concise. The use of general or vague statements such as “standard procedures will be used” and “will comply with specification,” are not desired and may be construed as an indication of the Offeror’s lack of understanding. Incomplete submissions may be rejected.

All proposal submissions must include the solicitation number and the legal name and Unique Entity Identification (UEID) of the Offeror. All submissions shall only be submitted via email, and attachments shall not exceed 10MB or they will be rejected by the FEMA server. Files may be submitted in parts to stay within the 10MB limit.

Overall Proposal Requirements The offeror’s proposal must be submitted in five sections: Factor 1 – Corporate Experience;

Factor 2 – Key Personnel; Factor 3 – Management Plan; Factor 4 - Past Performance and Factor 5

– Cost/Price Proposal/Business Proposal (using Price Template). Each of the sections shall be separate and complete so the evaluation of each may be accomplished independently.

RATING DEFINITIONS, PROPOSAL REQUIREMENTS, AND EVALUATION

METHODOLOGY

Rating definitions for Factor 1, Factor 2, Factor 3 and Factor 4 are confidence ratings and the Neutral rating shall be used for Factor 4 if performance record is not available.

The Government will assess the level of confidence that the Offeror will successfully perform all requirements in accordance with the PWS (Attachment 1) based on the table below.

Rating Description

High Confidence

The Government has high confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence

The Government has some confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence

The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract even with Government intervention.

Neutral (for Past Performance only) No relevant performance record is available, or the

Offeror’s performance record is so sparse that no meaningful confidence assessment ratings can be reasonably assigned

Factor One (1): Corporate Experience Submittal Requirements and Evaluation:

Offerors are required to submit three (3) Government and/or commercial contracts/projects that have been performed as the prime and awarded during the past seven (7) years from the issue date of this request for proposal. Offerors are encouraged to submit experience performed as a prime, or through teaming agreements on the relevant projects. Corporate experience must include providing Arbitration services. Experience in other forms of alternative dispute resolution, such as mediation, will not be considered relevant. Evaluation will focus on prime contracts/projects that demonstrate the provision of Arbitration services similar in size, scope, and complexity to the subject requirement as outlined in the PWS. Size is defined as contracts with a minimum actual incurred costs value of at least $1 million (not the ceiling value). Scope and Complexity is defined as work that aligns with the tasks identified in the PWS.

Relevant details for consideration include:

A. Government Agency (or Company), address and phone number.

B. Contract number and type of contract for work completed in last 7 years or currently in progress.

C. Period of Performance (duration), and place of performance.

D. Size of contract (number of full-time equivalents provided per year) and dollar value.

E. Brief description of contract work and responsibilities.

F. Indicate relevance of each project to the immediate one. It is not sufficient to merely state that a project is similar in size, scope, and complexity. Rationale shall be provided to the Government that a project is indeed relevant.

G. Email and phone number of Agency of Company POCs (It is the responsibility of the Offeror to ensure the point-of-contact for each reference is current)

Corporate Experience submission must not exceed five (5) 8.5 inch by 11- inch pages. All pages in excess of the 5-page limit criteria detailed above will not be considered. All other material such as brochures or samples of work, attachments, or extra pages will not be considered.

All proposal submittals shall use a type pitch that is no smaller than a standard 12-point font type, with the exception of charts, graphs, or tables, which shall use a pitch not smaller than 11-point font.

Corporate Experience Evaluation: The evaluation will consider the offeror’s recent and relevant Corporate Experience. Relevant experience must include providing Arbitration services. Other forms of alternative dispute resolutions (e.g., mediation) will not qualify as relevant work experience. Evaluation will focus on prime contracts where the offeror has performed relevant Arbitration services similar in size, scope, and complexity to the subject requirement. Relevant experience must also include contracts with a minimum actual incurred costs value of at least $1 million (not the ceiling value).

Experience that cannot be verified may not be considered. Past and present customers may be randomly selected out of each offeror's proposal to verify experience. The point of contact for each of these customers may then be contacted by the source selection team and asked a standard set of predetermined questions regarding the offeror's experience. Contact with customers will be documented by the Government.

Factor Two (2): Key Personnel Submittal Requirements (PM and Arbitrators)

The Government will evaluate Key Personnel resumes based on the requirements and qualifications for the Project/Task Order Manager (PM) and the four (4) Arbitrators as stated in

Sections 14 and 15 of the PWS (Attachment 1). As part of its proposal, the Offeror shall only provide resumes for the Project/Task Order Manager (PM) and the minimum number of arbitrators (four), that the Government requests, per PWS 10.1.3.

The qualifications of the Project/Task Order Manager (PM) are as follows:

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

• The contractor is responsible for demonstrating how the PM’s experience in managing projects is similar in size and scope.

The qualifications of the four (4) Arbitrators are as follows:

• 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 –

Agriculture Complex civil litigation Insurance claims Complex commercial litigation Business transactions Forestry Land use Water rights

The Key Personnel (PM and Arbitrators) resume submissions must not exceed a combined total of twenty (20) 8.5 inch by 11- inch pages. All pages in excess of the 20-page limit criteria detailed above will not be considered. All other material such as brochures or samples of work, attachments, or extra pages will not be considered.

Resume submittals shall use a type pitch that is no smaller than a standard 12-point font type, with the exception of charts, graphs, or tables, which shall use a pitch not smaller than 11- point font.

The proposed Key Personnel will be evaluated on the extent to which they demonstrate the appropriate education, technical credibility, training, etc., in relation to the qualifications specified in the PWS. In addition, they will be evaluated on their experience in the relevant knowledge within their respective subject areas of expertise. Special consideration may be given to offerors who propose arbitrators as Key Personnel who are local to New Mexico and have no conflicts of interest as specified in the Performance Work Statement.

Factor Three (3): Management Plan Submittal Requirements

As part of its proposal, the Offeror shall also 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 managing and executing 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 also include the following information:

A. Organizational Structure and Roles and Responsibilities

B. Technical Approach that addresses:

i. Offeror’s understanding of the technical requirements and any challenges;

ii. Offeror’s strategy to maximize use of local arbitrators;

iii. Offeror’s strategy to maintain roster of available arbitrators, even during extended period of inactivity;

iv. Offeror’s strategy and ability to expand the roster to the maximum of 20 arbitrators within the specified timeframe;

v. Project Schedule and offeror’s ability to meet all established timelines for deliverables;

vi. Innovative Approaches – highlight any innovative solutions or methods that could enhance performance or efficiency.

C. Cost Control – Discuss any innovative solutions the offeror proposes that will save

Government money. These could include approaches like minimizing expenses to the Government associated with maintaining a roster, especially during extended periods of inactivity, or offering savings on hourly rate reimbursements for travel and training time.

D. Quality Control Plan (QCP) that illustrates the methods the offeror will use to review its performance to ensure it conforms to the performance requirements.

Offerors are required to submit a comprehensive and complete Management Plan that demonstrates their understanding and ability to perform the tasks described in the Performance Work Statement and applicable supplemental documents. The Offeror’s management plan shall provide a rationale that fully supports proposed costs.

Offerors must be responsive to all the requirements of this notice and provide sufficient information to allow evaluation of the Management Approach proposal per the evaluation criteria. It must be succinct, well written, and presented in a clear straightforward manner. The proposal shall be prepared using the following guidance:

• The Management Plan proposal submission must not exceed thirty (30) 8.5 inch by 11-inch pages. All pages in excess of the 30-page limit criteria detailed above will not be considered. All other material such as brochures or samples of work, attachments, or extra pages will not be considered.

• All proposal submittals shall use a type pitch that is no smaller than a standard 12-point font type, with the exception of charts, graphs, or tables, which shall use a pitch not smaller than 11- point font.

The technical evaluation will assess the merits of the Offeror’s management plan. The evaluation will assess the Offeror's ability to address all the requirements specified under the Proposal Requirements section and the likelihood of successfully fulfilling the requirements of its proposal and the Performance Work Statement (PWS). Additionally, Offerors will be judged on the clarity and innovativeness of their approach, their proposed efforts in cost and quality control, and their capability to demonstrate to the Government that they can effectively execute the requirements of the PWS. The management plan shall be clear, concise, specific, and efficient.

Factor Four (4): Past Performance Submittal Requirements

This section shall contain past performance information for services directly related to projects listed under Factor 1, Corporate Experience and relevant to the services to be performed under the PWS. Offeror shall provide a concise narrative explanation of each contract and describe the work products/services, objectives achieved, and detailing how the effort is relevant to the requirements of the PWS for this request for proposal. Awarded contracts must be recent and relevant to the efforts required by this solicitation. Recent is defined as in the last seven years (7) from the issue date of this request for proposal; and relevant efforts are defined as services/efforts that are the same as or similar in scope, magnitude of effort, and complexity to the efforts stated in the PWS.

Information shall be organized as follows:

Section 1: Past Performance Information:

• Project title/description

• Role (Prime/Subcontractor)

• Contract number

• Contract Ceiling, Actual Incurred Costs & Contract Type

• Period of performance

• Agency or company for which the work was performed

• Summary of the work products/services

• Name/contact information of client point of contact (this is extremely important so that the

Government can check references)

The Government utilizes the CPARS for source selection purposes. The Government will consider past performance information contained in CPARS. The Offeror is responsible for submitting the CPARS report for the three (3) contracts provided in Factor 1: Corporate Experience. CPARS are excluded from the page limit for Factor 1 – Corporate Experience. In determining the rating for this factor, the Government will place greater value on verified past performance which is more relevant to the requirements of the contract PWS. If there is no recent and relevant past performance history, or when performance record is so sparse that no meaningful rating can be reasonably assigned, the proposal will not be evaluated either favorably or unfavorably in accordance with FAR 15.305 (2) (iv) and the offeror will receive a Neutral rating.

The Government will assess the offerors recent and relevant prior performance that demonstrates the ability of the Offeror to successfully perform the requirements of the PWS. The offeror shall submit information provided to demonstrate relevant past performance shall be in the range of the last seven years that is similar in size and scope to the requirement.

Past Performance submission must not exceed six (6) 8.5 inch by 11- inch pages (page limit requirement does not include Contractor Performance Assessment Reporting System (CPARS).

All pages in excess of the 6-page limit criteria detailed above will not be considered. All other material such as brochures or samples of work, attachments, or extra pages will not be considered.

All proposal submittals shall use a type pitch that is no smaller than a standard 12-point font type, with the exception of charts, graphs, or tables, which shall use a pitch not smaller than 11-point font.

Factor Five (5): Price Proposal and Business Proposal Submittal Requirements

This section shall consist of all information required to support proposed prices. Certified cost and pricing data are not currently required; however, the Government reserves the right to request such data prior to award.

Offerors must use the pricing template provided in Attachment 2, which identifies the cost for monthly rostering of arbitrators (FFP – CLIN 0001), Travel and training time Labor Hour rate (LH

– CLIN 0003), and Arbitration hearing costs (FFP – CLIN 0004), and a summary of costs and the

Basis of Estimate. The Government will establish a not-to-exceed ceiling for all travel related costs (ODCs).

NOTE: The pricing template must be completed without alterations to the format.

Pricing Evaluation: Price/Cost proposals will be evaluated but will not be assigned a rating.

Adequate price competition is expected for this acquisition. For the purposes of the trade-off process, the total evaluated price will be based on the total price of all CLINS, inclusive of options and (Government provided) other direct cost estimates.

Adequate competition will be used determine price reasonableness. However, if necessary, the Government may use any or all price analysis techniques and procedures described in FAR 15.404-1(b) to determine price reasonableness. All proposed firm fixed prices will be evaluated for reasonableness.

The contract will be a hybrid Firm-Fixed-Price/Time & Material/Labor Hour - FFP/T&M/LH type contract. Price proposal will be evaluated separate from technical proposal. In accordance with FAR 17.203(a) the Government will evaluate price reasonableness for this effort for the base period and two (2) one (1)-year option periods. The total evaluated price will be evaluated for reasonableness and completeness. Offerors are cautioned to avoid “Unbalanced Pricing” in accordance with FAR 15.404-1(g). The Contracting Officer may reject a proposal if the pricing is determined to be unbalanced if it poses an unacceptable risk to the Government.

EVALUATION OF OPTIONS: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.” To account for the option periods possible under 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.”

Business Proposal Requirements:

Representations and Certifications: A copy of the offeror’s Representations, Certifications, and Other Statements of Offerors or a statement that the offeror’s SAM is current, accurate, and complete.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020 – check fill-ins and sign (See Attachment 5)

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) check fill-ins and sign (See Attachment 6)

Contractor Statement of Assurance – backup documentation is requested and should be submitted with the proposal (See Attachment 7 – Complete and Sign)

Evidence of responsibility. The offeror shall submit sufficient evidence of responsibility for the Contracting Officer to make an affirmative determination of responsibility pursuant to the requirements of FAR Subsection 9.104-1. However, the Contracting Officer will also comply with FAR 19.6. Accordingly, prime offerors should seriously address each element of responsibility. To be determined responsible, a prospective contractor shall:

o Have adequate resources, including financial, facilities, equipment and personnel, to perform the contract, or the ability to obtain them (see FAR 9.104- 3(a));

o Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental commitments;

o Have a satisfactory performance record (See FAR 9.104-3(b) and Subpart 42.15).

o Have a satisfactory record of integrity and business ethics;

o Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See FAR 9.104-3(a));

o Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (See FAR 9.104- 3(a)); and o Be otherwise qualified and eligible to receive an award under applicable laws and regulations (e.g., Equal Opportunity, Clean Air and Water, Small Business Subcontracting, etc.).

Complete. The Business proposal will be evaluated to determine if all business information required by the Request for Proposal (RFP) has been submitted in accordance with, submittal requirements.

QUESTIONS

Prior to submission of proposals, offerors are expected to reach a reasonable understanding of the requirements of this Request for Proposal (RFP) by careful study of the RFP & PWS and by application of qualified knowledge and experience. If such a review establishes the need for correction or clarification of the RFP, such information should be brought to the attention of the

Contracting Officer immediately, so that the matter can be resolved. All clarification questions regarding the solicitation must be submitted electronically to the Contracting Officer. All questions are due to the contracting officer via email only not later than July 3, 2024 2:00 pm (ET). Send questions via email to: /Lisa.Thibodeaux@fema.dhs.gov and Sharon.Edwards3@fema.dhs.gov.

PROPOSAL SUBMISSION INSTRUCTIONS AND DEADLINE

FEMA will accept electronic submissions only. Technical proposal and price proposal must be submitted on separate attachments via email to the Contracting Officer.

The quote must be submitted and received by the Contracting Officer no later than: July 25, 2024 2:00 pm (ET). Send proposal submissions via email to: Lisa.Thibodeaux@fema.dhs.gov and Sharon.Edwards3@fema.dhs.gov

NOTE: All attachments will be included in the solicitation.

mailto:Sharon.Edwards3@fema.dhs.gov mailto:Lisa.Thibodeaux@fema.dhs.gov mailto:Sharon.Edwards3@fema.dhs.gov