Combined Final - Responses to Vendor Questions from Solicitation 07 12 2024.xlsx
XLSX spreadsheet 15 KB Posted
- Attached to
- Amendment 2 - FEMA Hermit's Peak Claims Arbitration Support Federal contract opportunity
- Solicitation number
- 70FB8024R00000034
- Issued by
- Federal Emergency Management Agency
About this file
This document is a set of Questions and Answers related to a Federal Emergency Management Agency (FEMA) solicitation for Hermit's Peak/Calf Canyon Fire claims arbitration support services. The key details are:
The solicitation is for commercial item services to support the arbitration of claims related to the Hermit's Peak/Calf Canyon Fire. It outlines requirements such as the administrative record review and hearing duration not to exceed 3 hours total, the use of government-furnished equipment (GFE) laptops for virtual hearings, and the ability for contractors to use non-GFE secure equipment for other functions. The solicitation addresses questions on aspects like claim representation, electronic signatures on awards, past performance requirements, and the expected time for assessing claims and writing decisions. FEMA prefers personnel to reside in New Mexico but does not require it, and the average time for the entire arbitration process is 3 hours per case, regardless of complexity.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 2.2.1 Combined Solicitation and Synopsis_FEMA Hermit's Peak NM - FINAL edits LGT 6-25-2024.pdf | ||
| 2.2.1 Attachment 2 - Pricing Template v,2 6-21-2024.xlsx | XLSX spreadsheet | |
| 2.2.1 Attachment 3 - Question Template - Solicitation.xlsx | XLSX spreadsheet | |
| 2.2.1 Attachment 1 PWS - Hermit's Peak Arbitration Support (FINAL) 6-13-2024.pdf | ||
| 2.2.1 Attachment 7 - Contractor Assurance Statement.pdf | ||
| 2.2.1 Attachment 4 - Evaluation Factors Hermit's Peak Arbitration - FINAL.pdf | ||
| 2.2.1 Attachment 2 - Pricing Template.xlsx | XLSX spreadsheet | |
| 2.2.1 Attachment 6 - FAR 52.212-3 (Contains Fill-ins).pdf | ||
| 2.2.1 Attachment 5 - FAR 52.204-24 (Contains Fill-ins).pdf | ||
| 2.2.1 Combined Solicitation and Synopsis_FEMA Hermit's Peak NM - FINAL edits LGT 6-13-2024.pdf |
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Text version
Sheet1
| HERMIT'S PEAK/CALF CANYON FIRE ARBITRATION - Question Template | ||||
| Question Number | Question/Comment | OFFEROR Recommendation | FEMA Response Designee | FEMA Response |
| 1 | PWS states "Review time of the administrative record and hearing duration should not exceed a total of 3 hours." Does this include full administrative record review, hearing time, and post-hearing steps (award preparation, discussion among arbitrators if it is a panel of 3, etc.)? | If the administrative record provided by FEMA to arbitrators is limited and uniform, three hours may be adequate for a single arbitrator process. If the administrative record is more extensive, three hours may not be sufficient to thoroughly review the claim, hold the hearing, and issue the award. | Program | The average time for arbitration, including document review, hearings, and post-hearing tasks, is three hours. This applies to all cases, regardless of complexity or claim amount. Arbitrators will have up to 10 calendar days after the hearing to complete post-hearing work. According to Section 11 of the PWS, the three-hour average encompasses the entire process: document review, the hearing itself, and writing the decision. |
| 2 | PWS states "Arbitrators shall thoroughly review the claims submitted by the parties involved, including all relevant documents, evidence, and arguments presented." PWS also states "Review time of the administrative record and hearing duration should not exceed a total of 3 hours." Is there a limitation on the total number of pages in the administrative record that will be provided to the arbitrators? | If the administrative record provided by FEMA to arbitrators is limited and uniform, three hours may be adequate for a single arbitrator process. If the administrative record is more extensive, three hours may not be sufficient to thoroughly review the claim, hold the hearing, and issue the award. | Program | There is no limit to the total number of pages in an administrative record, which will include all documents provided by the Claimant from the initiation of their claim. However, as stated in Section 3 of the PWS, the administrative record will be organized in an Appeal Document Index that highlights relevant documents and evidence. |
| 3 | PWS states "Review time of the administrative record and hearing duration should not exceed a total of 3 hours." Is the 3 hour maximum applicable to all cases, regardless of complexity and/or claim amount? | If the administrative record provided by FEMA to arbitrators is limited and uniform, three hours may be adequate for a single arbitrator process. If the administrative record is more extensive, three hours may not be sufficient to thoroughly review the claim, hold the hearing, and issue the award. | Program | The average time for arbitration, including document review, hearings, and post-hearing tasks, is three hours. This applies to all cases, regardless of their complexity or the claim amount. Arbitrators will have up to 10 calendar days after the hearing to complete post-hearing work. According to Section 11 of the PWS, the three-hour average encompasses the entire process: document review, the hearing itself, and writing the decision. |
| 4 | PWS states "Review time of the administrative record and hearing duration should not exceed a total of 3 hours." Is there a maximum amount of time that will be provided for the actual (virtual or in-person) hearing? For example, 15 minutes, 30 minutes, etc.? | Program | Typically, hearings will not exceed 90 minutes. However, if the issues are particularly complex, the timeframe may be extended. | |
| 5 | PWS states GFE laptops are to be used for virtual hearings (Teams, Zoom, etc.). Will GFE laptops also be used to receive the administrative record? | Program | FEMA will send the administrative record using an encrypted link, which does not require the use of GFE laptops to access it. | |
| 6 | Please confirm arbitrators and other contractor staff can continue to use non-GFE secure equipment for other functions, such as case management, hearing scheduling, arbitrator appointment, invoicing, award preparation, etc. | Program & Contracting | Yes, the arbitrators and other contractor staff can continue to use non-GFE secure equipment for various functions, such as case management, hearing scheduling, arbitrator appointments, invoicing, and award preparation. | |
| 7 | Will all claimants be represented by counsel in the appeals process? If no, should the contractor provide assistance and resources for self-represented individuals? | The AAA has staff and resources geared to facilitate the arbitration process for self-represented individuals. This would be provided at no additional cost. Note that the AAA and/or the arbitrator do not assist parties in presenting their cases and does not offer or provide legal advice to any party. | Program | Not all claimants will have legal counsel in arbitration. Contractors are not permitted to provide legal assistance to self-represented individuals. |
| 8 | Under CLIN 0004 - Arbitration Hearings - is the FFP element reduced if fewer cases are heard in a given year than are set forth in the pricing schedule. | Contracting | No | |
| 9 | Will claimants wishing to file an appeal do so through FEMA or directly with the contractor? | Program | Yes, claimants file appeals and arbitration requests through the Claims Office. | |
| 10 | Are electronic signatures on awards acceptable? Will a template be provided by FEMA? | Program | Electronic signatures are accepted on arbitration decisions. If both FEMA and the Contractor agree, FEMA or the Contractor may create a template for arbitration decisions to be used by the Contractor. | |
| 11 | 1) Can offerors reference subcontractor past performance? 2) Can offerors reference government corporate / past performance where the bidder was a subcontractor? | We recommend that FEMA allow offerors to include subcontractor corporate experience/past performance or allow offerors to use corporate experience/past performance as a subcontractor. Doing so would invite more competitive bids and comprehensive solutions. | Contracting | 1) Yes, provided it meets the definition of a major subcontractor under Factor One: Corporate Experience; |
2) See above
| 12 | Since arbitration can be conducted remotely, will the government remove the preference for personnel to reside in New Mexico? Additionally, using arbitrators from outside of the local area introduces a level of independence to avoid any potential conflicts of interest. We can perform onsite as needed but it would be in FEMA's best interest to consider this approach. | We recommend that FEMA allow for virtual meeting arbitration in these circumstances. Doing so would reduce costs and enable offerors to provide the most qualified arbitrators, regardless of their location. | Program & Contracting | We prefer personnel to reside in New Mexico, but residency in New Mexico is not required. |
| 13 | Reference PWS, Section 11, "For bidding purposes, assume each case will require an average of three (3) hours of work, excluding any travel time for in-person hearings." |
| Aside from the administrative record review and hearing duration being limited to three hours are there any other hours/level of effort assumptions that should be made for pricing purposes? | Program | The average of three hours applies to all cases, irrespective of their complexity or claim amount. This timeline includes document review, hearings, and post-hearing compensation matters. Additionally, arbitrators will have up to 10 calendar days after the hearing to complete post-hearing work. | |
| 14 | The Performance Work Statement, Section 3., states: |
“Review time of the administrative record and hearing duration should not exceed a total of 3 hours.”
Further detail about the administrative record review is given in Section 10.2.4., and Section 10.2.5 provides more detail about the hearings.
| Question: On each arbitration, if the pre-hearing preparation and the hearing are not to exceed three hours total, is there a standard hearing length that should be applied to all claims in the interest of fairness through standardization? | Consider applying a standard time limit for all hearings. | Program | The average time for arbitration to conduct document review, hearings, and write decisions will be three (3) hours, as outlined in Section 11 of the PWS. While the PWS does not specify a duration for the hearing itself, the three-hour total allows flexibility to address the unique aspects of each case. Our commitment is to maintain fairness and thoroughness within this established timeframe. In cases where exceptional circumstances warrant additional consideration, we will address them individually to ensure equitable proceedings. |
| 15 | The assessment of claims is noted in Section 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.”
Information about the decision is given in Section 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."
| Question: For each arbitration what is a reasonable expectation of time to be spent assessing claims and writing the decision? | With pre-hearing and hearing not to exceed three hours, an assumption about the amount of time required to assess, write, and send a decision would be helpful for this proposal. Decision page limits could be appropriate. Decision templates could be utilized for efficiency and standardization, too. | Program | The average of three hours applies universally to all cases, regardless of their complexity or claim amount. This timeframe includes document review, hearings, and post-hearing compensation aspects. Arbitrators will have up to 10 calendar days after the hearing to complete their post-hearing work. |
| 16 | The Performance Work Statement, Section 10.1.4., states: |
“Badging and GFE Travel Time: ensure all rostered arbitrators travel to specified FEMA badge offices for the collection of PIV badges and GFE laptops.”
Question: Will all contractor personnel be required to obtain PIV badges and GFE laptops, or just arbitrators? It should be determined whether non-arbitrator contractor personnel may need access to files or other information that might be necessary for performance under the contract. Contracting Only rostered arbitrators will require PIV badges and GFE laptops.
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