2.4.1 Attachment 4 - Responses to Consolidated RFP Questions__10-23-2026.xlsx
XLSX spreadsheet 25 KB Posted
- Solicitation number
- FEMA_70FB8026R00000020
- Issued by
-
Federal Emergency Management Agency
About this file
This is a Responses to Consolidated RFP Questions document for FEMA Solicitation 70FB8026R00000020, addressing clarifications submitted by offerors regarding the Hermit's Peak/Calf Canyon Fire Claims Arbitration Services contract. The document contains 14 questions and FEMA's corresponding responses, issued on October 23, 2026. Key clarifications include: FEMA will not extend the two-week proposal deadline despite offeror concerns about limited preparation time; the higher case volume projection (over twice the 2024 estimate) is based on current programmatic needs; pricing assumptions should be governed by the Pricing Worksheet, with up to 5% of arbitration cases requiring in-person hearings; and the 4% cap on Program Management Office (PMO) personnel costs covers all administrative and case-management expenses, with fixed monthly fees calculated based on actual case volume. FEMA confirmed that reasonable travel costs exceeding estimates will be approved on a case-by-case basis in accordance with Federal Travel Regulations and FEMA Travel Policy Manual 122-1-1, provided prior approval from the Contracting Officer Representative is obtained.
Additional clarifications address compensation and case reclassification procedures, with FEMA refusing to approve compensation beyond stated overtime allowances but allowing written reclassification requests submitted during the arbitration process (not at invoice time); partial compensation (50% of per-case cost) for hearings canceled or withdrawn within 72 hours; correction of CLIN structure discrepancies to align with the PWS and SF1449; confirmation that Corporate Experience requirements apply to work completed within the past five years; submission requirements for two-part proposals (Volume I in PDF with clearly labeled Factors 1-4, and Volume II in Excel for Factor 5); and confirmation that offerors must provide 20 arbitrator resumes at proposal time in accordance with PWS Section 11.2.3, regardless of references to smaller numbers in other solicitation sections.
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Sheet1
| FEMA RESPONSES 10-23-2016 HERMIT'S PEAK/CALF CANYON FIRE ARBITRATION - Question Templa | |||
| Question Number | Question/Comment | OFFEROR Recommendation | FEMA Response |
| 1 | A two-week timeframe is included in the solicitation for proposals. This is an extremely limited amount of time for a non-incumbent firm to prepare a proposal --can FEMA extend the deadline by two or three weeks? | Due to the urgency of this requirement, FEMA will not extend the proposal timeframe. | |
| 2 | The 2024 RFP for this program projected significantly fewer cases going to arbitration. In this solicitation, the projected number is over twice as many. What has lead FEMA to project this higher number of cases? What factors have driven this estimate? | FEMA's projections are based on current programmatic needs. | |
| 3 | How many cases have proceeded to arbitration under the current (2024-present) contract? | This question has no relevance to the current solicitation. FEMA's projections are based on current programmatic needs. | |
| 4 | If any cases have proceeded to arbitration under the current contract (2024-present), were they subject to the 3-hour total time limitation of that contract for arbitrator review of documents, hearing, deliberation (if a 3-arbitrator case), and writing of the decision? | This question has no relevance to the current solicitation. FEMA's projections are based on current programmatic needs. | |
| 5 | The 2024 contract was for a base year and two option years. Why has this new solicitation been issued versus FEMA exercising the final option year of the first contract? | This question has no relevance to the current solicitation. FEMA's projections are based on current programmatic needs. | |
| 6 | Can FEMA clarify differences, if any, between case-volume, hearing-frequency, and travel assumptions in the Pricing Worksheet and Performance Work Statement, and identify which assumptions should govern pricing? | FEMA does not denote any differences between case volume, hearing frequency and travel assumptions. Case volume and hearing frequency refer to the quanity and frequency of hearings being held. See PWS Section 9 Contractor Travel for allowable travel expenses. For bidding purposes, assume that up to 5% of the total number of arbitration cases will require an in-person hearing. All pricing assumptions should be governed by the standards set forth in the Pricing Worksheet. The travel amount in the pricing template is an estimate only to be used for consistency in proposal. If during the performance of the contract, more travel funding is needed, it can be added. | |
| 7 | If a case requires more time than allocated to its complexity level, can FEMA approve additional compensation beyond the stated overtime allowance? Can cases be reclassified when their complexity or workload exceeds the initial assessment, and what approval process applies? | FEMA will not approve additonal compensation beyond the overtime allowance. The vendor may submit a request to have a case reclassified based on complexity. Any request for potential reclassification must be submitted in wtiting to the CO, COR, and Arbitration Administrator immediately upon discovery. Actual process and considerations will be determined on a case-by-case basis and final determination will be made by the Arbitration Administrator. The Government will not accept requests for case complexity reclassification at the time of invoice, it must be presented to the Government during the arbitration process. PWS Section 4 langugae is updated to clarify the requirements for reclassification. | |
| 8 | If actual travel costs exceed estimated amounts because of higher prices or unforeseen circumstances, can FEMA approve reimbursement of additional reasonable costs? | Yes, FEMA will approve all resonable costs associated with travel on a case-by-case basis. However, it 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. | |
| 9 | Does the 4% cap on PMO personnel costs cover all administrative and case-management expenses? How is the fixed monthly fee calculated and paid if actual case volume is lower than projected? | Yes, the PMO personnel costs cover all administrative and case-management expenses. The fixed monthly fee is calucated and paid based on 4% of the actual case volume for an invoice. | |
| 10 | If a case is withdrawn, settled, or canceled after an arbitrator has begun work but before the hearing, how is work already performed compensated? Does the same approach apply to short-notice hearing cancellations? | Per the PWS, Section 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 | Section L, page 47, identifies CLIN 0001 for monthly arbitrator rostering, CLIN 0003 for travel and training time, and CLIN 0004 for arbitration hearings. However, the contract schedule identifies CLIN 0001 as start-up tasks, CLIN 0003 as travel and miscellaneous expenses, CLIN 0004 as travel and training time, and CLIN 0005 as case review and arbitration hearings. Can FEMA clarify these discrepancies and confirm which CLIN structure offerors should use when preparing their pricing proposals? | Section L, page 47 -- The CLIN structure verbiage has been revised/corrected to reflect the CLIN structure of the PWS/SF1449. | |
| 12 | The Corporate Experience requirements on page 45 specify contracts awarded within the past seven years, while the evaluation criteria on page 48 reference work completed within the past five years or currently in progress. Can FEMA clarify which timeframe and eligibility criteria apply when identifying the three qualifying arbitration contracts? | Corporate Experience criteria is past five (5) years. The SF1449 RFP has been updated on page 45. | |
| 13 | The Solicitation document states on page 44 that proposals must be submitted in two parts (separate PDF and Excel Files), Volume I (Factors 1 - 4) and Volume II (Factor 5). The Evaluation Criteria document states on page 2 that proposals must be submitted in five parts (separate PDF and Excel Files), with each Factor a separate part. Which direction should we follow? | Either way works for us. | Proposals should be submitted in 2 Parts (separate PDF and Excel Files) - Volume I (Factors 1-4) and Volume II (Factor 5). Each factor should be clearly labeled in Volume I in the PDF. |
| 14 | Regarding Factor 2, the Solicitation document states on page 45 that we shall only propose the minimum number of arbitrators, 4, that the Government requests. The Evaluation document says something similar. However, the PWS at 11.2.3 states that at the time of proposal the contractor shall provide resumes for all 20 arbitrators. And the Factor 2 page limits in the Solicitation and Evaluation documents seem set to accomodate 20 arbitrators. Can you please clarify the number of arbitrators we should propose and the number of resumes we should provide? Thank you! | Again, we are happy to comply with either requirement. | Offerors shall comply with PWS 11.2.3 and provide 20 resumes at time of proposal. References to 4 or 6 resumes are based on the anticipated number of arbitrators required to establish the initial roster for assigning cases. |
&"-,Bold"&14 RFQ QUESTIONS EMMIE to FAC-TRAX Solicitation #70FA4021Q00000012
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