ATTACHEMENT 7 Offeror Questions With Gov Response.xlsx
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- Solicitation number
- 12SAD121Q0010
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Sheet1
| Offeror Question Template | |||
| Offeror Question | Government Response | ||
| 1 | Can the Agency provide a forecast of how many files it has in Kentucky that are pending foreclosure services? | Due to the past moratorium and the American Rescue Plan, the Gov. can only provide the estimated quantities. | |
| 2 | Can the Agency provide a forecast of how many files and which counties in Kentucky that are pending foreclosure services? | Use the provided estimates quantities. The Agency does not break out by county. | |
| 3 | Can the Agency provide a timeline of when the BPA will be awarded? | The agency anticipates award in Fiscal year 2022. | |
| 4 | Can the Agency provide a timeline of when RFQs will be issued from the BPA award holder(s)? | This date will be based on the award of the BPAs date | |
| 5 | How many BPAs is the Agency planning to award? | The USDA, Rural Development (RD) intends the award up to five (5) Blanket Purchase Agreements (BPA) under this solicitation. | |
| 6 | How many BPAs is the Agency authorized to award for this requirement? | In accordance with the solicitation | |
| 7 | Once a BPA award is issued, will this be a competitive BPA wherein BPA Holders will compete for each and every Call Order? Or, is this a rotating BPA wherein the Agency will equitably distribute and issue Task Orders to each BPA Holder? | Calls for new work that exceed the Simplified Acquisition Threshold will be competed amongst the BPA holders. | |
| 8 | Are any of the files that are contemplated in this BPA subject to any type of moratorium? | The BPA does not have actual files. Cases will be at the awarded Call level. At time of Call award, the Agency will not assign cases that are subject to any active moratorium. | |
| 9 | How does the Agency define the term “contested legal services?” | For our purposes anything outside the normal process that requires an additional pleading or action on the part of our Attorney to defend the suit would be considered “contested”. Kentucky, being a judicial process state, we would expect the Attorney to follow the normal foreclosure/liquidation civil procedure. However, if during that process, within the allotted time or allowed by the court, the Borrower Pro Se or through an Attorney, or an interested 3rd party files an answer/defense/ crossclaim or response to rebut the allegations in our Complaint or Case, whether it be for lack of jurisdiction, standing, interrogatories or for anything that requires an additional defense, preparation of motions/pleadings, or if the court requires the setting of a separate hearing/trial to prove what we alleged in our Complaint, those cases would be changed to Contested cases. Those matters may require “contested legal services” resulting in additional hourly preparation work and more interaction with our Specialists to produce information to support our defense. Those matters flow at a different pace and follow a different path outside the “normal” expected timelines and standard process, often requiring a specific Litigation Paralegal or Trial Attorney. I hope this helps. Please let me know if I can assist further. If there is something additional that needs to be prepared but the file can continue on the same timeline and process, that would not be considered for contested legal services, only for additional fee approvals. However, if there needs to be a separate hearing or trial set to answer interrogatories or requests for production or to prepare any specific defense that takes the case along a separate and longer path those would be contested legal matters and generally change to hourly billing as opposed to the normal flat fee. | |
| 10 | What is the process for the Contractor to notify the Agency that a file turns from uncontested to a “contested legal services” file? | The Contractor must promptly inform the Contracting Officers Representative (COR) of any decision or circumstance with respect to which the Client’s informed consent, as defined in the RPC, is required; reasonably consult with the COR about the means by which the Client's objectives are to be accomplished; keep the COR reasonably informed about the status of each case or matter; promptly comply with the COR’s and CO information requests; consult with the COR/CO about any relevant limitation on the Contractor’s conduct when the Client expects assistance not permitted by the RPC or other law; and shall explain each matter to the | |
| 11 | Can the Agency provide a forecast or estimate of how many files will likely be reclaimed? Or, can the Agency provide a percentage of files that have been reclaimed in the past in Kentucky? | See Attachment 1 (Quote Schedule) Estimated quantities. | |
| 12 | Does the Agency have an incumbent for this requirement? If so, who is the Contractor and what is the contract number? | This is a new requirement at this scale. | |
| 13 | Has the Agency ever used any contractor for similar foreclosure services requirements? If so, who is the Contractor and what are the contract numbers? | This is a new requirement at this scale. | |
| 14 | Is the Agency planning to issue other RFPs for similar BPAs for other states’ foreclosure requirements? If so, which states? And when is the Agency planning to issue the RFPs for the other BPAs for other states foreclosure requirements? | All future RFP’s will be posted on Sam.gov for fair opportunity | |
| 15 | Does USDA have any additional requirements of firms related to COVID? | Not at this time | |
| 16 | Are there internal guidelines or additional restrictions on post-foreclosure evictions imposed by USDA or Kentucky that will affect work post-eviction moratorium? | Not at this time. | |
| 17 | How many of the foreclosure files listed in estimated quantities are files being transferred already in-progress? | Zero | |
| 18 | Does USDA plan to issue a solicitation for a national default legal services contract in the next 12 months? If so, do you anticipate the contract awarded from the current solicitation to be in place through June 2022? | All future RFP’s will be posted on Sam.gov for fair opportunity. | |
| 19 | Once the sale is complete, will USDA continue to evict? Eviction/possessory action is included in the price list and in the PWS. Are you asking if that is the planned next step to be taken by the bidder or if that is part of the RFP? | The USDA may need inspections after the foreclosure process is completed as well as for existing REO properties. If Evictions/Possessory Action is a part of the Contract, please proceed with the eviction process and advise our Servicing Department. | |
| 20 | How often are files being recalled for loss mitigation? | This does not happen frequently approximately less than 5% however this could change. Generally the loss mitigation would take place prior to foreclosure but periodically we may consider short cures depending on certain circumstances. | |
| 21 | What proof is vacancy/abandonment is acceptable to USDA in KY? | Is KY under PP with the USDA? If so, would we have an occupancy inspection report from MCS360 | |
| 22 | Does the preferred content and format of required monthly reporting vary state by state? If yes, what are the requirements in KY? | Yes, this will be provided at contract award. | |
| 23 | Will USDA allow over and allowable fees for probate work? | Yes, this is on a case by case basis. | |
| 24 | For any specific reimbursable cost exceeding $500 or for cumulative costs exceeding $3,500 for any one case, the contractor must obtain prior written approval from the Contracting Officer (CO) before incurring the cost(s). The fixed price for incomplete cases in which failure to complete is not the fault of the contractor or when Rural Development reclaims. This statement differs from the governments price schedule, wherein the CLINS differ in amounts; please advise | The fixed price for a reclaimed cases more of an inconvenience price. The accumulated fees upto reclaiming are separate and in addition to the fixed relaim price. | |
| 25 | Throughout the solicitations many documents, the term RFP & RFQ are used. | The Solicitation is a RFP. However, the competed Calls will be issued with and RFQ. | |
| 26 | Solicitation lacks clarity of how pricing is to be submitted for each contract type as well as how it is to be evaluation for fair and reasonableness. | Price evaluation was updated for clarity. | |
| 27 | Solicitation provides no clear identification of what efforts will be defined as [1] Fixed Price with Time and [2] Material (T&M) Contract Line-Item Numbers (CLINs) and allow for approved [3] Reimbursable elements. | See Attachment 1 (Quote Schedule) (FFP, ODC Material reimbursable expenses (T&M), & Hourly (T&M). | |
| 28 | The Government contemplates award of a Firm Fixed Price (FFP) Blanket Purchase Agreement (BPA) with Time and Material/Labor-Hour (T&M) & Reimbursement CLIN line items as a resulting of this solicitation. | For clarification: This is a FFP contract with T&M CLINS. The reimbursable expense CLINS are T&M. There are no cost CLINS. | |
| 29 | Reimbursable items include tax certificates (if required), title reports, filing fees; recording fees; separate fee for title search/update for the case of a deceased borrower; court costs; advertising expenses; fees for document service where required by law; sheriff’s, marshal’s, constable’s, or other similar official’s fees; any prior liens, including real estate taxes and assessments, which must be paid under State law prior to the foreclosure sale date; early close-out fee, not to exceed $200, in cases of assignment, third party sale, or other disposition (does not include borrower paying current); and other customary costs requisite to the litigation under this contract. | ||
| Q: Please clarify; does early close-out fee, not to exceed $200 imply an additional $200.00[fee] for exceeding a performance schedule? | No this refers to cases that are cancelled/ recalled. | ||
| 30 | Cases previously assigned to the Contractor must be completed pursuant to the terms and conditions of the prior assignment. In cases of garnishment or collection of periodic payments, the Contractor must continue to receive and transmit to the Client such payments until full collection has been made unless otherwise instructed by the COR. The Contractor will continue to submit invoices for pending cases until their completion. | ||
| Q: Please clarify the above; the titles supporting paragraph above has no relationship to the said title. As written, it implies that work continues regardless of the performance period or notice of termination. | 1. Cases are subject to the terms and condition under said assignment. 2. "In cases in garnishment or collection" refers to the barrower NOT the vendor. |
SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104
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