Amendment - Attachment 1 Performance Work Statement v4 - Hermit's Peak Performance Work Statement

PERFORMANCE WORK STATEMENT

FEMA HERMIT’S PEAK/CALF CANYON CLAIMS OFFICE

ARBITRATION SUPPORT CONTRACT

1. BACKGROUND: The United States Congress introduced and passed into law H.R. 7721,

known as the Hermit's Peak Fire Assistance Act (“Act”). This Act aims to provide compensation to victims affected by the Hermit's Peak/Calf Canyon Fire, which was caused by a prescribed burn on Federal land in April 2022 resulting in significant devastation, including the burning of 325,340 acres of land and the estimated destruction of 900 homes and structures.
To administer the claims resulting from the fire, the Act mandates the establishment of the Hermit’s Peak/Calf Canyon Claims Office (referred to as the “Claims Office”), which is operated by the Federal Emergency Management Agency (FEMA). The Claims Office’s responsibilities include receiving, evaluating, processing, and disbursing actual compensatory damages to the victims of the Hermit’s Peak/Calf Canyon Fire. Upon review of each claim, the Claims Office issues an official determination specifying the amount of compensatory damages to which the claimant is entitled.
The Hermit’s Peak Fire Assistance Act provides that a dispute regarding a claim submitted under the Act may be settled through binding arbitration if the claimant elect's arbitration. The Act further authorizes FEMA to establish procedures governing the arbitration process. The Contractor shall perform arbitration services in accordance with the Act, applicable regulations, and procedures established by FEMA.

2. DEFINITIONS

2.1.

Arbitration Administrator- For purposes of this Contract, the Arbitration Administrator means the FEMA official designated by FEMA to administer and oversee the Hermit’s Peak/Calf Canyon Claims Office Arbitration Program and to serve as FEMA’s primary point of contact for the administration of the Arbitration Program.

3. APPLICABLE LAW, REGULATION, AND POLICY: The claims process is generally

described in the Hermit’s Peak/Calf Canyon Fire Assistance Website (https://www.fema.gov/disaster/current/hermits-peak), and implementing regulations and policies. The contractor shall ensure all work is in compliance with applicable law, policies, procedures,.
4. SCOPE: The Government seeks an Advisory and Assistance Support (A&AS) Contract to

provide qualified arbitrators to the Hermit’s Peak/Calf Canyon Claims Office. FEMA estimates up to 1,700 arbitrations hearings to take place during the Period of Performance of this contract, with 55% of cases occurring during the Base Period, 35% occurring in Option