RFQ0113-14_FAQs_2014.doc

FREQUENTLY ASKED QUESTIONS REGARDING

RFQ 0113-14 FOR ADR MEDIATION SERVICES

Where/how to submit quotation/application Question No. 1: Since our entity is national in scope and able to assist in all of the regions, would you suggest we submit our credentials to a main contact person as well as the individual contacts listed in the request?

EEOC’s Response: Each response is to be mailed to each location that a quoter is seeking consideration. As such, quoters seeking multiple locations must submit response to multiple locations listed in Attachment A. There is no single main contact person under this RFQ.

Question No. 2: Do submitted quotations go to you EEOC Headquarters as well as the local office(s) the mediator is requesting to work?

EEOC’s Response: Quotations are to be sent only to the contacts listed in Attachment A. Quotations should not be sent to EEOC Headquarters, and the quotations will not be forwarded to offices listed in Attachment A.

Question No. 3: I formerly worked on a Pro Bono basis in one EEOC office but now currently reside in another area. Are there particular contacts these offices that I should indicate on Attachment B or a separate form?

EEOC’s Response: Quoters should submit a separate response to each office that they are seeking a contract if they are planning on mediating in multiple locations. Please review Attachment A for each available office.

Question 4: I plan to apply for a contract to all the offices that were listed in the attachment. My question is, do I send the application to each of the ADR Coordinators or do I send the application to Headquarters.

EEOC's Response: Interested parties should submit quotations to specific EEOC locations listed in Attachment A to be considered for award of contract. Quotations will not be considered at EEOC Headquarters. If a quoter wishes to apply to all offices listed in Attachment A, then 16 separate quotations should be sent to each contact listed in each office.

Question 5: How do I apply for this job on-line?

EEOC’s Response: As noted in the "Submission of Quotation" section of the RFQ, "Interested parties shall submit quotations to the specific EEOC Office location(s) where you want to be considered for award of a contract that appears on Attachment A. A quotation submitted via e-mail addressed to the point of contact at the specific location(s) where you want to be considered for award of a contract that appears on Attachment A will be accepted."

Question 6: I have reviewed the most current EEOC solicitation for the next five year contract, RFQ0113-14. However, I don't see a form to fill out to submit my application. Is there such a form, or do I simply submit a letter. Is there an electronic link I must use to submit my application?

EEOC’s Response: As noted in the "Submission of Quotation" section of the RFQ, "Interested parties shall submit quotations to the specific EEOC Office location(s) where you want to be considered for award of a contract that appears on Attachment A. A quotation submitted via e-mail addressed to the point of contact at the specific location(s) where you want to be considered for award of a contract that appears on Attachment A will be accepted." No additional cover letter is required.

CLIN, SAM, and FAR Registry

Question 1: Having CLINs for the base year and 4 option years doesn't seem to make sense. When I bid on other federal contracts, the CLIN is for added costs additional years and your fee is a flat $800.00 for the 5 years per case. There is nowhere on the form showing CLIN, so do we just add CLIN $800.00?

EEOC’s Response: As stated in the RFQ, the following materials must be completed for consideration by the EEOC: The quotation package shall include the following line items in a written quotation: CLIN 0001. Base Period – Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0002. Option Year 1 – Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0003. Option Year 2 – Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0004. Option Year 3 – Mediation Services: (See Mediator Minimum Qualifications under General Requirements); and CLIN 0005. Option Year 4 – Mediation Services: (See Mediator Minimum Qualifications under General Requirements). CLIN 0001 through 0005 represents the Contract Line Item Numbers (CLIN) for mediation services beginning with the base period through Option Year 4. In addition to completing and forwarding information included in the relevant attachments, each quoter must indicate that they are available for each of the listed contract years at $800 per mediation.

Question 2: I am still unclear about the FAR--There is nothing to fill out.

EEOC Response : A copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, can be downloaded from the website https://www.acquisition.gov/far. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov/far. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

Question 3: I updated my SAM registry and 'signed off' on the Applicable Provisions and Clauses which seem to be the same as those in the last two paragraphs page 6. By doing so have I satisfied my application's requirement for inclusion or does the application process of this RFQ require the printing of that part of SAM and attaching it manually to my application?

EEOC's Response: The vendor shall include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications - Commercial Items, with your quotation. A copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, can be downloaded from the website https://www.acquisition.gov/far. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov/far. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. You may contact an Information Specialist with FED-INFO for assistance at 1-800-333-4636. They are available Monday through Friday from 8:00 am to 8:00 pm Eastern Time

Question 4: I'm preparing a quotation for the mediation services contract. Specifically, I'm looking for the format to present the following information requested: The quotation package shall include the following line items in a written quotation: CLIN 0001. Base Period - Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0002. Option Year 1 - Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0003. Option Year 2 - Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0004. Option Year 3 - Mediation Services: (See Mediator Minimum Qualifications under General Requirements); and CLIN 0005. Option Year 4 - Mediation Services: (See Mediator Minimum Qualifications under General Requirements).

EEOC’s Response: CLIN 0001 through 0005 represent the Contract Line Item Numbers (CLIN) for mediation services beginning with the base period through Option Year 4. In addition to completing and forwarding information included in the relevant attachments, each quoter must indicate that they are available for each of the listed contract years at $800 per mediation.

Question No. 5: When information is completed on SAM do EEOC evaluators have access to that info, or do details need to be printed and submitted along w/ attachment B & acquisition form 52.212-3?

EEOC’s Response: Quoters must complete the information required under SAM registration. There is no need to forward printed copies of this information with your submission as EEOC can confirm such registration independently.

Question No. 6: The combined synopsis/solicitation refers to additional FAR Provisions, that is, 52.204-10 to 52.233-2. Should I submit any of these Provisions besides the 52.212-3, Offers and Representations?

EEOC’s Response: The quoter shall complete only paragraph (b) of this provision if the quoter has completed the annual representations and certifications electronically via http://www.acquisition.gov. If the quoter has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the quoter shall complete only paragraphs (c) through (o) of this provision. The quoter is not required to submit the other 23 provisions listed in RFQ0113-14.

Question No. 7: In what form should FAR 52.212-3 Offeror Representations and Certifications—Commercial Items be answered? Copy the paragraph, write "Done" and initial"? Attach a separate sheet of paper with a statement concerning compliance?

EEOC's Response: Make a copy of FAR 52.212-3 Offeror Representations and Certifications—Commercial Items, complete it accordingly, and submit it with your quotation/application.

Question No. 8: I am unsure what 52.212-3 Offeror Representation and Certifications - Commercial Items is. I went to www.aquisition.gov/far and it appears that is might pertain to a business, as I stated I am unsure what this is for or if pertains to an individual person.

EEOC's Response: The quoter shall complete only paragraph (b) of this provision if the quoter has completed the annual representations and certifications electronically via http://www.acquisition.gov. If the quoter has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the quoter shall complete only paragraphs (c) through (o) of this provision.

Question 9: I am completing my response to the aforementioned RFP. There are approximately 24 applicable clauses listed. I understand that I need to attach me responses to Offeror Representations and Certifications-Commercial Items, provision 52.212-1. However, do I need to attach a copy of the other 23 provisions to my response?

EEOC's Response: The quoter shall complete only paragraph (b) of the provision 52.212-3 if the quoter has completed the annual representations and certifications electronically via http://www.acquisition.gov. If the quoter has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the quoter shall complete only paragraphs (c) through (o) of this provision. You are not required to submit the other 23 provisions listed in RFQ0113-14 with your quotation/application.

References Question 1: Attachment B requests the names of two references. There is space to put in indicative data for one person, and a space for three contracting sources. Are you asking for two references, a combination of which can be a contracting source and a non-contracting source, at least two contracting sources, or two non-contracting references and as many contracting sources that are applicable?

EEOC’s Response: As stated on the last page of Attachment B, EEOC is requesting that quoters provided two references that may be contacted that are familiar with their relevant past mediation case experience. Additionally, EEOC is also requesting that quoters list any contracting office with relevant contact and contract information for mediation service provided during the past three years. It is within the quoter's discretion to list such individuals to provide relevant information upon request by EEOC.

Question 2: Will my application be considered incomplete if I only submit one reference - a business client - for whom I have mediated several matters?

EEOC's Response: EEOC will review quotations/applications consistent with the evaluation criteria outlined in the Request for Quotation. While the submission of one reference will not render the quotation/application incomplete, an additional reference is recommended so that a more inclusive evaluation may be undertaken.

Question 3: Are we allowed to list our current EEOC coordinator as a reference? Would a single attorney’s perspective/reference be helpful?

EEOC’s Response: Quoters may list an EEOC Coordinator as reference in their submission. Quoters have discretion as to who they list as references and, as such, an attorney may also be provided as a reference as well.

Attachment D

Question 1: The Synopsis states that the quotation package shall include Attachment D. However, the instruction terms for Attachment D appear to indicate that the reference provider is to submit the form directly to the EEOC contact listed. Can you advise what the proper method of transmission of this form is?

EEOC's Response: Attachment D - Past Performance Questionnaire - is to be completed independently by the reference(s) that you have requested to provide information concerning your previous mediation work history. While this may be included and either e-mailed or mailed with your submission, EEOC prefers that such references e-mail or mail Attachment D directly to EEOC within the requested time frames established under the solicitation.

Question 2: I'm preparing my Quotation Package for the Mediation Services. My question is as it relates to Attachment "D". Do I send the questionnaire out to the Individuals who will be providing a reference or is that something that will be done by Headquarters.

EEOC’s Response: Attachment D - Past Performance Questionnaire - is to be completed independently by the reference(s) that you have requested directly to provide information concerning your previous mediation work history. EEOC Headquarters will not serve as clearinghouse for requests related to Attachment D.

Question No. 3: How is the Past Performance Questionnaire to be completed and attached to the quotation package, as I am a recently retired federal mediator with the US EEOC, and whereas a primary reference is the individual to whom I am to submit my quotation package?

EEOC’s Response: Attachment D - Past Performance Questionnaire - is to be completed independently by the reference(s) that you have requested to provide information concerning your previous mediation work history. While this may be included and either e-mailed or mailed with your submission, EEOC prefers that such references e-mail or mail Attachment D directly with EEOC within the requested time frames established under the solicitation. The reference may be an EEOC employee familiar with your past performance

Question 4: I have mediated for a court system. I serve as a volunteer, and I have no contract. Should I ask the court to complete attachment D? I have also mediated for an association, but I have no contract with that organization. Should I ask the association to complete attachment D?

EEOC’s Response: Individuals familiar with a quoter's past performance, including pro bono experience, may be contacted to provide the necessary information requested in Attachment D. This information may include experience gained with court-sponsored programs or through professional associations.

Question 5: My question concerns "Attachment D - Past Performance Questionnaire." From 2004-2009, I was an EEOC pro bono mediator. I left that panel to pursue further educational opportunities. The form asks about the prior 12 months and 3 years of mediation experience. I think my EEOC service is relevant but it is beyond 3 years. I have mediated privately for more than 10 years and have many hundreds of hours of training so have never stopped mediating, even through law school. How should I handle the form?

EEOC’s Response: A quoter's previous Pro Bono experience may be included under Question 3 B and C of Attachment B. Attachment D may be forwarded to any individual familiar with your past mediation experience including any EEOC staff.

Question 6: May additional materials be submitted as part of the quotation, such as letters of recommendation?

EEOC Response: Additional letters of recommendation are not required.

Experience Required and Evaluation Question 1: Do you currently have to be a Mediator for EEOC in order to respond to this RFQ?

Or do I have to currently be part of any organization that uses mediation as part of their EEO process to remedy EEO grievances in order to place my bid application to this RFQ?

EEOC’s Response: Quoters are not required to have been a Mediator with EEOC or currently providing EEO mediation service in order to respond to this RFQ. Quoters should provide all relevant information requested on the attachments in order to be considered.

Question 2: My question pertains to my prior mediation experience as to whether it meets the EEOC’s criteria for mediation experience. Does my prior experience as in-house counsel, coupled with the mediations I have conducted from 2010 to present qualify as 5 years of mediation experience?

EEOC’s Response: Quoters experience will vary in each submission. The evaluation will entail a review of the information provided by each quoter. As such EEOC encourages quoters to provide as much detail in each response. Whether a particular submission satisfies the EEOC's requirement for experience can only be made after a review by the EEOC office where the information has been submitted. No experiential pre-evaluation, pre-clearance or pre-qualification is available under this RFQ Question 3: How will the experience requirement in the RFQ be tabulated? Will education, pro bono experience, and training in mediation also be calculated as experience? If so, what is the conversion or equivalency (e.g., one year of mediation courses= one year of experience)?

EEOC’s Response: The evaluation will entail a review of the information provided by each quoter. As such EEOC encourages quoters to provide as much detail in each response.

Required Submissions

Question 1: Please specify what is required for submission in addition to Attachment B for an individual contractor.

EEOC’s Response: As stated in the RFQ, the following materials must be completed for consideration by the EEOC: The quotation package shall include the following line items in a written quotation: CLIN 0001. Base Period – Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0002. Option Year 1 – Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0003. Option Year 2 – Mediation Services: (See Mediator Minimum Qualifications under General Requirements), CLIN 0004. Option Year 3 – Mediation Services: (See Mediator Minimum Qualifications under General Requirements); and CLIN 0005. Option Year 4 – Mediation Services: (See Mediator Minimum Qualifications under General Requirements). CLIN 0001 through 0005 represent the Contract Line Item Numbers (CLIN) for mediation services beginning with the base period through Option Year 4. In addition to completing and forwarding information included in the relevant attachments, each quoter must indicate that they are available for each of the listed contract years at $800 per mediation. Also, quotations shall include, but are not limited to the completion and submission of the following items: 1. Mediation Qualification Sheet (Attachment B), 2. FEPA Mediation Participation Qualifications Sheet (Attachment C), and 3. Past Performance Questionnaire (Attachment D). In addition, the vendor shall include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications - Commercial Items, with your quotation. A copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, can be downloaded from the website.

Question 2: Is there a preferred template or format you would like to receive RFQ submissions in beyond Attachment B? Or a sample of past applications that new vendors may look to for assistance?

EEOC’s Response: Completing the attachments and other items as indicated in the RFQ will satisfy the requirement. No sample past applications are available.

Question 3: Is there a standard cover sheet or form to use when submitting the quotation package?

EEOC’s Response: No standard cover sheet or form is required when submitting the quotation package.

Question 4: When you get a chance would you please forward attachments A and B, I was unable to download the attachments.

EEOC's Response: The requested attachments associated with RFQ0113-14 are available at the website www.fbo.gov.

Fee per Mediation

Question: I noted that the fee to be paid per case was a flat rate of $800.00. Would you clarify how much mediation time is to be allotted under that flat rate, per case?

EEOC’s Response: Mediation time will vary from case to case. The $800 fee applies to each case with some being resolved more quickly than others.

Remote or Telephonic Mediations

Question: To compliment our mediation and arbitration services, our entity has developed an online dispute resolution program which allows parties in remote areas to mediate their cases via webcam. The platform allows the mediator to separate the parties in online private caucus rooms, just like in a real mediation. Will the mediations in this program involve disputants in differing areas that who may need on line options?

EEOC’s Response: On line or teleconference mediations are not permitted under this RFQ. Each assigned mediation must be conducted in a face-to-face session.

Number of Charges - 31 Charge Limitations

Question 1: The RFQ talks about capping the number of mediations assigned per contract. Would that limit be applied to Amicus on the whole or would it be per mediator used?

EEOC’s Response: The 31 case limitation applies to each entity selected for a contract.

Question 2: If an entity submitted a proposal to 3 regions for example, proposing 2 mediators in each region. Would the 31 limit be a total of 31 cases to a quoter in total or 31 mediations per region if contracted or per mediator?

EEOC Response: The 31 mediation limit applies to each contract issued to an entity. Thus in the example provided, the quoter would have a limit of 31 cases under each contract in each of the three regions where each proposal was submitted and not a 31 case limit for each of the two qualified mediators listed.

Question 3: The solicitation indicates that I must perform at least one mediation per contract. Does the RFQ require me to commit to a certain number of mediations past one each year, or may that be made at the determination of my assigned field office and my own personal schedule?

EEOC’s Response: If selected as a contractor EEOC guarantees payment for one mediation under the base year of this RFQ. As noted in the RFQ mediation sessions will be determined by EEOC in each office.

Question 4: The solicitation indicates that I must perform at least one mediation per contract. Does the RFQ require me to commit to a certain number of mediations past one each year, or may that be made at the determination of my assigned field office and my own personal schedule?

EEOC’s Response: If selected as a contractor EEOC guarantees payment for one mediation under the base year of this RFQ. As noted in the RFQ mediation sessions will be determined by EEOC in each office.

Link to Doing Business with EEOC

Question: I am preparing my submission under RFQ0113-14 but the link http://www/eeoc.gov/abouteeoc/doingbusiness.html is no longer available - I only get the following message - Can you assist?

EEOC's Response: Frequently Asked Questions" regarding RFQ0113-14 will be posted on the website www.fbo.gov prior to the closing date and time of RFQ0113-14. The updated link providing general information concerning EEOC contracting opportunities is http://www.eeoc.gov/eeoc/doingbusiness/index.cfm.

Government Commercial Purchase Card

Question: The RFQ indicates remuneration for services may be available via Government-wide commercial purchase card. Can you provide more information on this and how reimbursement for services is normally handled?

EEOC’s Response: In the event that your firm accepts payment via Government-wide commercial purchase card, the government’s method of payment for services rendered under the contemplated contract will be in accordance with FAR Clause 52.232-36 entitled, “Payment By Third Party (JUL 2013)”. The Contractor agrees to accept payments due under the contemplated contract, through payment by a third party in lieu of payment directly from the government. Normally, the government’s method of payment for services rendered under the contemplated contract will be in accordance with FAR Clause 52.232-33 entitled, “Payment By Electronic Funds Transfer (EFT) – System for Award Management (JUL 2013)”.

Success Rate Calculation

Question: Attachment B to RFQ0113-14 seeks information about mediation experience, asks for the number of cases mediated, the applicant’s “success rate” for those mediations, and the data relied upon to calculate the “success rate”. Might you define the term “success rate”?

EEOC’s Response: The term success rate is defined as the number of cases resolved through mediation divided by the total number of cases mediated by the quoter

FAQ Posting

Question 1: Will you be sending all of the questions asked and answered to each person who sends a question?

EEOC's Response: Frequently Asked Questions" regarding RFQ0113-14 will be posted on the website www.fbo.gov prior to the closing date and time of RFQ0113-14.

Question 2: In addition, would you also forward EEOC's web site http://www.eeoc.gov/abouteeoc/doingbusiness.html to review a list of "Frequently Asked Questions Regarding RFQ0113-14," to assist quoters in completing the acquisition process. I did not come across any FAQs.

EEOC's Response: Frequently Asked Questions" regarding RFQ0113-14 will be posted on the website www.fbo.gov prior to the closing date and time of RFQ0113-14. The updated link providing general information concerning EEOC contracting opportunities is http://www.eeoc.gov/eeoc/doingbusiness/index.cfm.

Attachment C – FEPA’s

Question: Attachment C - FEPA Mediation Participation Qualification Sheet. Is this attachment meant for a business? Which I think it means I do have to submit this attachment within my quotation package, is that right?

EEOC’s Response: Attachment C is to be completed only by FEPA organizations seeking consideration for this opportunity and not private mediation service providers.