RFI LOG Legal Foreclosure Services-Gov Responses.xlsx
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- Solicitation number
- 12SAD120Q0007
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Sheet1
| RFI LOG | ||
| Question | Government Response | |
| 1 | Does the USDA have an incumbent for the contract? | No Current contract in place |
| 2 | On average, how old are the debts, i.e. for how long has the Borrower(s) failed to make mortgage payments to the Agency on average? | The 2005 SFH direct gross delinquency rate was 15.71% and the percentage of delinquent debt greater than one year was 3.65%. At the end of June 30, 2019, the SFH direct gross delinquency rate was 19.97% and the percent of delinquent debt greater than one year was almost 10%. |
| 3 | In the proposal, does the Agency require that every key personnel provide a copy of an active law license in the respective state? | Yes, if the key personnel is a lawyer. |
| 4 | If a Contractor is awarded the contract, will the Agency release Call Orders to the Awardee firm(s) immediately or will there be another competitive process to determine which Awardee Contractor actually receives Call Orders? | Bulk calls will be competed |
| 5 | When does the USDA anticipate releasing multiple Call Order(s) to the Awardee firm(s)? | Shortly after Base BPA award |
| 6 | When will the USDA release the assigned cases to the Awardee firm(s)? | Shortly after Base BPA award |
| 7 | Will this BPA be a multi-year BPA or just 1 Call Order with a list of several cases? | 3 year BPA - See pricing schedule |
| 8 | What is the total number of files (i.e. mortgages loans) that the USDA anticipates releasing to the Awardee firm(s)? | See pricing schedule for estimated quantities |
| 9 | Will the USDA limit the number of files released to the Awardee per Call Order or will the USDA release all files with the first Call Order? | Per Call Order |
| 10 | 1. Although the main RFP website on beta.sam.gov states that the question due date is 03/12 and the proposal due date is 03/30, the Instructional Cover Sheet lists Quotation Packages due no later than March 12, 2020 5:00 PM ET and Cut-off time for questions as March 30, 2020 11:59 AM ET. Should the Quotation Package really be due at the March 30, 2020 date? | Cut-off time for questions as March 12, 2020 11:59 AM ET. Final Quote Packages are due no later than March 30, 2020 5:00 PM ET and |
| 11 | 2. In Attachment 1, Quote Schedule, page the HUD First Legal Actions to Initiate foreclosure and Reasonable Diligence Timeframes is listed as the required timelines for USDA. It appears the HUD schedule has not been updated since 2016 to reflect substantive changes in the regulatory environment for foreclosure and related legal services. The Fannie Mae timeframes, which are the industry standard, have been updated more recently. Is USDA amenable to implementing the preferred Fannie Mae timeframes and subsequent directives that reflect legal changes that impact foreclosure timelines? | Yes, but must address impact on cost if any |
| 12 | 3. In Attachment 3, Performance Work Statement, C.13 (b1) and (b2) USDA denotes 3 deliverables for judicial foreclosure and 1 deliverable (final completion) for non-judicial foreclosures for which the contractor can invoice USDA. This schedule will result in longer than expected billing cycles for contractors to recoup their costs for legal services. Fannie Mae has established the industry standard for foreclosure legal service billing with its pricing effective 6/1/19 that includes a more robust schedule of deliverables for judicial and non-judicial foreclosures. Is USDA amenable to implementing the Fannie Mae guidelines and subsequent directives for milestone billing? | Yes, but must address impact on cost if any |
| 13 | 4. Please clarify which circumstances allow for unavoidable delays in timelines (i.e. bankruptcy, title issues, court delays). | See Attachment 3, C.14 PERFORMANCE REQUIREMENTS SUMMARY. Any delays beyond these stated timelines may be considered unavoidable delays given specific circumstances |
| 14 | 5. Please describe the amount and type of curtailments which would apply for any missed timeline activities. | This could effect performance ratings |
| 15 | 6. Please confirm the type of evidence of attorney good standing required to be submitted for the RFPs. Is a screen shot of the Bar Association website indicating the subject attorney is in good standing sufficient or is a Certificate of Good Standing issued by the Bar Association required? As lead time to obtain a Bar Association Certificate can vary from days to weeks depending on the jurisdiction, will it be acceptable to include the request for formal Certification with the proposal and submit the Certificate upon receipt? | A screen shot of the Bar Association website indicating the subject attorney is in good standing IS sufficient |
| 16 | Will the contract include the pursuit of deficiency judgments post-sale? | NO |
| 17 | The Illinois cover sheet shows March 12, 2020 as the cutoff for questions, and March 30, 2020 as the deadline for quotation packages. The Michigan cover sheet on the other hand shows March 30, 2020 as the question cutoff and March 12, 2020 as the quotation Deadline. Can the government please clarify? | Cut-off time for questions as March 12, 2020 11:59 AM ET. Final Quote Packages are due no later than March 30, 2020 5:00 PM ET and |
| 18 | Would the USDA consider utilizing a form of milestone billing for non-judicial states like Michigan given the longer timeframes applicable today (including redemption periods)? | The invoicing is set in the sol. and will not change. |
| 19 | Likewise/similarly, would the USDA consider utilizing those milestones for “reclaimed” files for purposes of determining amount of work completed? | The invoicing is set in the sol. and will not change. |
| 20 | What percentage of the portfolio is considered “agricultural purposes” determined by the filing of a Schedule F with the borrower’s tax return? | Portfolio is not stratified in that manner |
| 21 | What percentage of the portfolio generally is “reclaimed” prior to sale? | Currently 80% but anticipated |
| 22 | While reviewing the multiple Foreclosure Legal Services & Related Technical Support solicitations recently released, our team noticed that both Michigan and Illinois show the same Solicitation number in the instructions (12SAD120Q0009). Should one of these solicitation numbers end in 0007? | Yes, this is only a typo and will be corrected on award. |
| 23 | How many BPA awards will be issued for this solicitation? | The number of awards will be based on the number of successful offerors to have adiquate competition for calls |
| 24 | What is the anticipated annual volume of call orders under this BPA? | See pricing schedule for estimated quantities |
| 25 | What is the anticipated timeframe for issuing call orders post award? | Shortly after Base BPA award |
| 26 | What, if any, association does this requirement have with the Nationwide Default Management Services (NDMS) requirement that is anticipated to be released in the next few months? | None |
| 27 | We understand this is a Small Business Set Aside. Will USDA consider preference for 8(a) certified and/or HUBZone firms? | If an Offerror has a scocioeconomic certification, theyare to anotate that in the Reps and Certs section, but this acquisition will not change from a total small business set-aside. |
| 28 | Does the USDA use a technology platform to receive milestone updates throughout the foreclosure process or are updates provided to USDA directly from servicer and not law firm? If so, what is the name one the platform/software? | Currently, we are provided an excel spreadsheet that provides the states of each case. Our current contracted attorney are not interfacring with our main system. |
| 29 | Who is currently servicing the USDA loans (mortgage servicer name(s))? | We service all loan in house. |
| 30 | If the prime is not a Law firm and will rely on the law firm (Sub) to provide the Foreclosure Legal Support Services. Are both organizations required to have Malpractice Insurance; or, will the government accept the Malpractice Insurance of the Subs Law Firm only? | Prime |
| 31 | Volume I instructions, third bullet requires inclusion of “your current license to practice in the State of "varies" and your certificate in good standing with the CT/MA/RI Bar Association.” Should this requirement instead reflect the need to hold a current license in "varies" and be in good standing with the Nebraska Bar Association? | This is a typo. - Volume I instructions, third bullet requires inclusion of “your current license to practice in the State you are proposing on and your certificate in good standing with the State you are proposing on Bar Association.” |
| 32 | If firms are to be paid pursuant to the Fannie Mae fee schedule, how does Prime get paid if they are not a law firm? | Fannie Mae Line item Fees are for services. Not specific for Attorney rates. |
| 33 | Can the USDA execute documents required by the beneficiary in WA including a loss mitigation affidavit and a beneficiary declaration (attesting to being the holder of the note)? | Yes |
| 34 | Does the USDA use security instruments in WA that include the phrase “this property is not used for agricultural purposes”? This is a requirement imposed in subsection (2) of this statute: https://app.leg.wa.gov/RCW/default.aspx?cite=61.24.030 | We have no knowledge of using this in our Security Instruments |
| 35 | The Solicitation #12SAD120Q00011 Quote request Non-Judicial, but Washington state is both Judicial and Non-Judicial. Can the government please clarify? | If a vendor is proposing on a specific state that is both Judicial and Non-Judicial, please provide pricing for both. |
| 36 | Will the government extend the Due Date to 4/3/2020? | No extentions are currently anticipated |
| 37 | The FHAs reasonable diligence timeline for WA is 18 months for a mostly non-judicial state, because of that timeline would it be possible to allow milestone billing similar as referenced in the Solicitation for judicial states eventhough Washington is technically a non-judicial state? | No, milestone billing will be per solicitation based on a state's status as judicial or non-judicial |
| 38 | Has the USDA RD complied with the WA preforeclosure processes? They can be found here: https://app.leg.wa.gov/RCW/default.aspx?cite=61.24.031- all requirements imposed on the “beneficiary” are intended to be placed on the USDA or its loan servicer. These include two loss mitigation letters, outbound phone calls and execution of a loss mitigation affidavit. | Yes |
| 39 | Will the government consider the following milestones fee arrangement instead: |
a. Judicial Foreclosure: Referral received- 20%,Title work ordered- 30%, Complaint prepared- 50%, Service issued- 70%, Affidavit prepared- 80%, Judgment submitted- 90%, Sale scheduled-100%, Non-Judicial Foreclosure: Referral received- 30%, Title work ordered- 45%, Title work reviewed- 60%, Sale
| publication prepared- 75%, Sale package prepared- 85%, Sale held- 100% | The Government will not alter its fee arrangement | |
| 40 | We previously submitted the following question for the National Default Management System RFI: |
A. Will the Legal Fees that are associated with this contract allowable and treated like all other Professional Services/Consultants which allows additional fees to be added per contract specifications? Per FAR 31.205-33 - There are not restricted inthis scenario - basis.
i. Based on the FAR: “Notwithstanding these restrictions, legal costs are allowable if they are incurred as required by the terms of a federal contract or pursuant to the specific written direction of the contracting officer.”
How does the government intend to address this? B. The government previously responded on the NDMS RFI with the following:
i. FAR 31.205-33 - Definition. “Professional and consultant services,” as used in this subsection, means those services rendered by persons who are members of a particular profession or possess a special skill and who are not officers or employees of the contractor. Examples include those services acquired by contractors or subcontractors in order to enhance their legal, economic, financial, or technical positions. Professional and consultant services are generally acquired to obtain information, advice, opinions, alternatives, conclusions, recommendations, training, or direct assistance, such as studies, analyses, evaluations, liaison with Government officials, or other forms of representation. Any use of the Legal Fees to enhance a vendor’s position must be represented in the pricing and treated as overhead. The Legal Foreclosure Service within this requirement is a standard set of services and is not treated has legal fees but per type of legal foreclosure task.
| ii. Will the same be appliable for this opportunity; and will be it be applicable remain the same for the Professional and Consulting Services? | This solicitation, in no way, is afiliated with the National Default Management Service. | ||
| 41 | Can a small law firm that only has attorneys licensed in one or two of the three jurisdictions listed in this RFP bid on only those jurisdictions? If not, can a prime earn a management fee to supervise a subcontractor? | There will be no separate management fee outside the pricing schedule. All costs must be included in the line item pricing. | |
| 42 | The Solicitation #12SAD120Q0006 request Non-Judicial, but Massachusetts & Connecticut are Judicial states. Can the government please clarify? | This is a typo. Price according to the state requirement. If the vendor is proposing on a judicial state price accordingly. If the vendor is proposing on a non-judicial state price accordingly. | |
| 43 | The heading on page 3 reads North Carolina, although it is included in the Attachment for CT/MA/RI. Please confirm the Quote Schedule table included on page 3 is the correct format and content for CT/MA/RI. | This is a typo and will be corrected to CT/MA/RI on award. | |
| 44 | The Solicitation #12SAD120Q0008 the request Non-Judicial, but North Dakota & South Dakota are Judicial states. Can the government please clarify? | This is a typo. Price according to the state requirement. If the vendor is proposing on a judicial state price accordingly. If the vendor is proposing on a non-judicial state price accordingly. | |
| 45 | Would the USDA consider utilizing a form of milestone billing for non-judicial states like Minnesota, given the longer timeframes applicable today (including redemption periods)? | Invoicing will be in accordance with the solicitation | |
| 46 | Would the USDA consider having separate billing rates for each states such as a separate fee for MN and a separate fee for ND and SD as these jurisdictions are different? If so, can we use a proposed quote sheet (i.e. attachment 1) for each state? See attached. | Pricing for a solititation with multiple states will be one price for all. |
File details come from the government source that posted it. Updated .