RFI_HSFE80-13-I-0007_Dispute_Resolution_Pilot_Program.pdf

REQUEST FOR INFORMATION

HSFE80-13-I-0007

Sandy Recovery and Improvement Act Dispute Resolution Pilot Program

RFI – Dispute Resolution Page 1 of 2 April 22, 2013

EXECUTIVE SUMMARY

The purpose of this Request for Information (RFI) is to seek industry input regarding the provision of arbitration services to the Federal Emergency Management Agency (FEMA) for disputes related to disaster assistance.

On January 29, 2013, President Obama signed into law the Sandy Recovery and Improvement Act (SRIA), Public Law 113-2. Section 1105 of the SRIA establishes a Dispute Resolution Pilot Program under which a Public Assistance (PA) applicant may request the use of binding arbitration by an independent review panel to resolve disputes relating to Public Assistance granted by FEMA under section 403, 406 or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173) where the legitimate amount in dispute is $1 million or more. The Dispute Resolution Pilot Program will end on December 31, 2015.

For information about FEMA’s Public Assistance program, please see the attached link http://www.fema.gov/public-assistance-local-state-tribal-and-non-profit.

THIS IS A REQUEST FOR INFORMATION (RFI) IN ACCORDANCE WITH FAR

15.201(c)(7) AND FAR 52.215-3. This is NOT a Request for Proposal (RFP). An RFP is not being issued at this time, and this notice shall not be considered as a commitment by the Government to issue a RFP, nor does it restrict the Government to a particular acquisition approach. Requests for a solicitation will not receive a response.

The purpose of this RFI is to conduct market research only. Responses provided will help inform FEMA and its partners, and should not be construed as unsolicited proposals to – or providing preference in any contracting activity with – FEMA. The NAICS for this requirement is 541199.

FEMA is requesting capability statements with supporting documents this transparent with identifying similar task as outlined in the description of services. FEMA will review the capability statements and supporting documents. Please limit supporting documents to 5 pages.

Firms should have the sufficient size and resources to be able to: 1) manage and conduct numerous arbitrations (approximately 20-30 per year) both in succession and simultaneously, 2) provide a Panel of three neutral arbiters for each arbitration, 3) have an office where it can conduct hearings in Washington, D.C., and 4) have the capability to conduct arbitrations nationwide as necessary. Firms should have at least three years prior experience contracting with the federal government and possess experience in resolving disaster-related damages claims. Some services to be provided include:

Review of legal briefs drafted and provided by both parties to the Panel;

REQUEST FOR INFORMATION

HSFE80-13-I-0007

Sandy Recovery and Improvement Act Dispute Resolution Pilot Program

RFI – Dispute Resolution Page 2 of 2 April 22, 2013

Research of the applicable law of each arbitration;

Teleconferences where scheduling deadlines are determined and, if necessary, arguments are presented by the parties on pre-hearing issues that may arise, and upon which the Panel must decide, either orally or in writing, and additional briefing by the parties may be required by the Panel before it issues a decision;

Additional briefing by the parties to the Contractor should the Contractor deem necessary;

A Hearing, if the Applicant so chooses, where parties present arguments, witnesses, and evidence for consideration by the Panel;

Review of post-hearing briefs, if same are requested by the Panel; and Drafting and issuance of a decision by the Panel within a set period of time following the hearing and/or post-hearing briefs.

REQUIRED INFORMATION

1. Capability of the firm to complete the approximately 50-75 arbitrations in expected during the course of the Program as provided for in the SRIA including:

a. Capability to conduct approximately 10-15 arbitrations simultaneously

b. Capability to conduct a majority of the arbitrations in Washington D.C.

c. Capability to conduct arbitrations throughout the continental United States, if necessary

d. Timeframe for conducting arbitrations from initiation through final decision.

e. Similar prior experience providing three-panel arbitration services for disaster-related damage claims.

SUBMISSION

FEMA is requesting information on capabilities, previous experiences, and estimated timeframe to be operational to comply with the requirement listed above. Capability Statements and supporting documents must be electronically submitted to Marianne McCallum at marianne.mccallum@fema.dhs.gov and a copy to LaShawn Smith at lashawn.smith@fema.dhs.gov by April 29, 2013 by 4:00 PM EST.

All Questions are to be submitted to Marianne McCallum at marianne.mccallum@fema.dhs.gov not later than April 25, 2013 at 9:00 AM EST.