Dispute_Resolution_Pilot_Program.docx

Dispute Resolution Pilot Program (DRPP) Questions and Responses

1. Can the deadline (this Friday) be extended? We are unable to contact and compile a list of 20 or more qualified arbitrators willing to serve on this panel in the short time frame.

Answer: The deadline for submission of proposals has been extended to Monday, July 22, 2013 at 12:00 PM EST.

2. [O]ur standard commercial “product” for arbitration services utilizes an initial case filing fee and case final fee of [redacted] respectively. This flat fee covers all efforts and time of program managers, case managers, and administrative support. Our designation of these cases as “nonmonetary claims” constitutes a significant discount for the government, as fees are normally based on the amount in dispute. Our normal commercial filing and final fees for disputes of [redacted] would be [redacted], respectively. Could these fees be added to the “Other Direct Costs” element of the Labor Rate Table? [redacted]

Answer: Offerors should submit their proposals in accordance with the combined synopsis/solicitation. The synopsis/solicitation specifies that in submitting Volume II, the Price Proposal, The Offeror will complete the Labor Rate table (Attachment B) with full-loaded hourly labor rates for each year and labor category. Proposed fixed hourly rates should include wages, overhead, general and administrative expenses, and profit. As defined in FAR 16.601 Materials may include (1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); and (4) Applicable indirect costs. These material costs may be proposed as other direct costs in Attachment B.

3. Has FEMA considered using a noncompetitive contracting vehicle for this arbitration program [redacted]? One provision FEMA may consider is FAR 6.302-3 subsection b (3), which addresses alternative dispute resolution services.

Answer: Yes, this was considered. Justification for a sole source contract was determined to not be appropriate for these types of services.