Attachment- QA Spreadsheet for ADR Mediation Services.pdf

QA Spreadsheet for ADR Mediation Services-KOdps Atch J.4

# Alternative Dispute Resolution Mediation Services Q&A Worksheet RFQ 45310024Q0010 Category Clarifying Question Government Response

1 Past Performance

Between Contractor Performance Assessment Reporting System (CPARS) and Past Performance Questionnaires (PPQs), do you have a preference for the evaluation of contractor performance? Are there any specific language requirements?

The Past Performance Questionnaire (attachment D) provided in the RFQ should be used. There is no specific language requirement. Note that the RFQ and Attachment A provide that quotations may receive additional points for secondary language fluency and mediation ability, e.g., Higher points may be awarded to those applicants that have actually mediated in a foreign or sign language.

2 Past Performance

Does Attachment D pertain to other federal agencies completing a Past Performance questionnaire for the prospective applicant for this RFQ or, in circumstances where a private mediator LLC is applying for the contract, can the LLC send Attachment D to a private entity who oversaw the mediation work of the owner on case mediations?

Attachment D pertains to other federal agencies and any private entity who oversaw the mediation work of the quoter.

3 Incumbent Is this a new requirement for your organization? If not, could you please provide the name of the incumbent and the contract number?

This in not a new requirement for the agency. Past contract award information may be requested through the submission of a Freedom of Information Act (FOIA) request, referencing RFQ No. 45310019Q0013, to the specific EEOC District Office location for this information via the URL, https://www.eeoc.gov/foia/submit-request-or-appeal.

4 Incumbent For ongoing projects, what is the current expenditure to date? If this is a new requirement, what is the allocated budget for this project?

The current expenditure varies by district office. This is not a new requirement for the agency. Given the anticipated limited funding for this RFQ, we cannot provide a projected allocated budget at this time.

5 Incumbent Are there incumbent employees currently providing these services? If so, will the contractor be given access to these employees?

Agency employees and contracted mediators are currently providing these services for the agency. The contractor will have access to the Alternative Dispute Resolution Coordinator within the geographical locations selected under the RFQ.

6 Incumbent

Could you please specify the preferred pricing breakdown (hourly rate or per day)? Is there a preference for mediation sessions to be half-day or full-day, and how many sessions are anticipated per month? Will the mediation services be required on-site, or is there flexibility for remote sessions?

The pricing breakdown is $800 per mediation session.

There is no preference regarding the full-day or half-days sessions. Currently due to projected budgetary constraints, we cannot provide an anticipated number of mediations per month. EEOC mediations are conducted either by video conference via a Zoom mediation platform, or in-person within one hour of the commuting distance of the assigned mediator upon request by the designated participants. Additionally, the parties must agree which platform will be used to conduct the mediation i.e. in-person or virtual.

7 Submission Instructions

Regarding Attachment D: In reference to the REFERENCE INFORMATION section, whose information goes there? Should it be the person filling out the form providing the reference, or is it the contact person at the local EEOC office information?

The person completing the form contact information should be provided in the REFERENCE INFORMATION section of attachment D.

8 Submission Instructions Do we include the name of the organization and/or the individual mediator in the INDIVIDUAL SEEKING REFERENCE section?

The quoter/individual mediator name should be listed in the INDIVIDUAL SEEKING REFERENCE section.

9 Submission Instructions Please advise as to whether we can submit as a company or do we submit all of our qualified mediator separately?

All qualified mediators must submit a separate quote for this RFQ.

10 Pricing

Regarding pricing, general requirements indicate “EEOC will not request a price quote from Quoters under this RFQ, because the unit price of $800.00 has been established for each mediation case requirement.” Can you give us some idea of the approximate number of hours needed to complete each mediation case?

We cannot provide an approximate numbers of hours needed to complete a mediation, as each case is unpredictable and varies within each EEOC office.

11 General

Please define the acronym beginning CLIN 0001 - 005 and provide a reference to look up the Mediator Minimum Qualifications for the items to be addressed by the prospective applicant in the written quotation in addition to the completion of the attachments in the Notice required of the prospective applicant.

The definition for CLIN is contract line item number. The follow on numbers 0001-0005 refers to the base year period of performance for the solicitation, and the 4 option years. The Mediator Minimum Qualifications is listed in the RFQ under General Requirements. The full spelling of the "CLIN" acronym has been added as revised text under the fourth paragraph of the RFQ as follows:

"The quotation package shall include the following line items in a written quotation: Contract Line Item Number (CLIN) 0001. Base Period – Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0002."

12 General

Which Purchase Card(s) does the EEOC issue for payment? The prospective applicant has a business bank account registered in SAM. However, the RFQ lists additional consideration for acceptance of a Purchase Card.

EEOC uses the IPP platform for mediation payments. IPP is a secure, Web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve. IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. Additional information can be found at IPP.GOV website. The third party Government Commercial Purchase Charge Card Services Contractor (GCPCCSC) is CitiBank.

13 Past Performance

Regarding Attachment B, Mediator Qualification Sheet, is it a hard and steadfast requirement, i.e., mandatory, the prospective applicant had mediated EEOC cases and any mediations only within the past five years?

Attachment B provides an opportunity to list all EEO mediation experience, although there is specific language regarding mediated cases within the past five years.

14 Past Performance

For mediators such as myself that retired from federal service in the fall of 2018 having conducted primarily non-workplace mediations with externally facing entities inclusive of energy companies, landowners, community and Native Americans and directed a federal agency alternative dispute resolution for 19 years and certified and exposed to EEOC cases, some exposure to EEOC cases in the entire federal tenure and as a Virginia certified court mediator and mentor for the Supreme Court of Virginia, need not an entity like Athena Agreements L.L.C., apply for this contract? I would not waste to EEOC’s time if the intention is laser-focused on a quantity of EEOC mediations conducted in the past five years so please provide me guidance as relatively new to federal ADR contracting yet vastly seasoned in the ADR and mediation and conflict resolution industry as a sole, single entity awaiting opportunities in the broad field of mediation and the mediation techniques required in the RFQ.

Your guidance on applying or not for the RFQ is valued. Please explain..

We cannot advise you on whether to submit or not submit a quote for this RFQ. The Past Performance Questionnaire requires the name of the contracting office, date of contract, name of contract administrator, where the individual or entity seeking a reference has provided mediation service for the past 5 years.

15 General

Will the EEOC coordinate with the awarded contractors the forms or language it prefers to use in Mediation Agreements and the like or is the awarded contractor at liberty to use its own case forms?

EEOC will coordinate with the contractors to provide all EECO forms that are needed for mediation. Contractors also have the liberty to use their own case forms in addition to EEOC's forms.

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