Attachment 11- Performance Work Statement_amendment0007.docx

Attachment 11 Performance Work Statement Solicitation 12SAD122R0001

Attachment 11

Solicitation 12SAD122R0001

US Department of Agriculture (USDA)

Table of Contents

Project Title

Nationwide Default Management Services (NDMS) Requiring Organization

United States Department of Agriculture (USDA), Rural Development (RD), Servicing and Asset Management Office (SO) General Information

Introduction/Purpose

The purpose of the Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) contract is to obtain non-personal services to assist the USDA, RD, SO in achieving mission needs within the scope identified in Section 4 of this Performance Work Statement (PWS).

Background

USDA Rural Development’s mission is to help improve the economy and quality of life in rural America.

Rural Development programs help rural Americans in many ways which include:

· Offering, loans, grants, and loan guarantees to support essential services such as rural housing, small business, economic development, energy, job creation, education, health care, first responder public safety services and equipment, community infrastructure, and water, electric and telecommunications/broadband infrastructure.

· Promoting development by supporting and guaranteeing loans to businesses through banks, credit unions and community-managed lending pools. We offer technical assistance and information to help agricultural producers and cooperatives get started and improve the effectiveness of their operations.

· Providing technical assistance to help communities develop and undertake community empowerment programs. We help rural residents buy or rent safe, affordable housing and make health and safety repairs to their homes.

In case of a default on a Single-Family Housing Direct loan, the USDA RD requires unencumbered title to the property by foreclosure or other acquisition methods e.g., deed-in-lieu, short sale. The USDA RD SO, Default Division requires Contractor services to support the disposition of a defaulted inventory of single-family homes, and all ancillary support services, in a manner that promotes home ownership, preserves communities, and maximizes return on investment.

Scope

The scope of these IDIQ’s encompasses non-personal services to provide Nationwide post acceleration Default, Property Preservation and Real Estate Owned (REO) services on the RD Single Family Direct Loan portfolio. These services include but not limited to foreclosure services (FCL), real estate owned services (REO), property preservation services, appraisal services, eviction services, and bankruptcy services to support USDA RD’s Default portfolio. These services are required throughout the entire United States to include services in various territories included but not limited to the Western Pacific Islands, Guam, Puerto Rico, American Samoa, and the U.S. Virgin Islands.

The ten (10) NDMS task areas listed below are included in the scope of the IDIQ contract(s). Descriptions of task and sub-tasks can be found in Section 6 of this PWS.

· IDIQ Contract Implementation

· Transition Services

· Foreclosure Services

· Property Preservation Maintenance Services

· Appraisals

· Property and Occupancy Inspection

· Bankruptcy Chapter 7 Services

· Bankruptcy Chapter 13 Services

· Mediation Services

· Eviction Services

· REO Services

· Property Preservation Maintenance Services

· Appraisals

· Listing, Marketing, and Disposition of the property

· Program Management Services

Constraints & Applicable Documents

The Contractor must ensure all Contractor personnel follow and adhere to all policies and procedures established by the USDA, RD as well as the documents referenced below. All applicable documents will be identified in individual task orders (TO’s).

· The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures in accordance with 7 Code of Federal Regulations (CFR) Part 3550 and the Agency handbooks that follows the regulation HB-1-3550 and HB 2-3550 related to services under this contract, except for Consumer Financial Protection Bureau regulations (CFPB). The USDA is exempt from CFPB. The following websites contain the guidance and regulations applicable to the performance of this contract:

· https://www.rd.usda.gov/resources/regulations/program-regulations

· https://www.rd.usda.gov/resources/directives/handbooks

· The Contractor will monitor regulations for any updates or changes and implement changes as required. The Contractor's performance will be in in accordance with all regulatory and policy guidance cited herein. The Contractor must regularly update its procedures to ensure compliance as regulations change. Should a regulation change that requires an equitable adjustment, the Contractor must promptly notify the Contracting Officer (CO).

· Applicable State laws

· Applicable Local/municipal laws

· Section 1045 of the Stewart B. McKinney Homeless Assistance Act of 1988 amended Section 510(d) of the Housing Act of 1949 [42 U.S.C. 1480(d)] provides that, with respect to the prosecution or defense of any litigation under Section 502 [42 U.S.C. 1472], the Secretary of Agriculture may retain United States attorneys; the General Counsel of USDA (OGC); or any other attorney with whom the Secretary enters into a contract after determining that the attorney will provide competent and cost-effective representation for USDA, and that the representation will either accelerate the process by which a family or person eligible for a Section 502 loan will be able to purchase and occupy the housing involved or preserve the quality of the housing involved. Section 502 loans are generally secured by first mortgages on residential property located on nonfarm tracts of one acre or less. In some instances, USDA also holds subsequent mortgages on the security, usually without intervening liens.

· Statutory authority, regulations, or policy affecting the overall requirement as applicable include but are not limited to:

· Federal Information Technology Acquisition Reform Act (FITARA) (Pub. L. 113-291);

· Paperwork Reduction Act (PRA) of 1980, as amended by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35);

· Privacy Act of 1974, as amended (5 U.S.C. § 552a);

· Digital Accountability and Transparency Act of 2014 (Pub. L. 113-101);

· Electronic Signatures in Global and National Commerce Act (E-Sign) (15 U.S.C. Chapter 96);

· Government Paperwork Elimination Act of 1998 (44 U.S.C. § 3504);

· Government Performance and Results Act (GPRA) of 1993, as amended by the Government Performance and Results Modernization Act (GPRA Modernization Act) of 2010 (5 U.S.C. § 306 and 31 U.S.C. §§ 1115 et seq.);

· Office of Federal Procurement Policy Act (41 U.S.C. Chapter 7);

· Budget and Accounting Procedures Act of 1950, as amended (31 U.S.C. Chapter 11);

· Chief Financial Officers Act (31 U.S.C. § 3512 et seq.)

· USDA RD Resources, Directives, and Regulations: https://www.rd.usda.gov/resources

· USDA Departmental Regulations, Notices, Manuals, and Secretary Memoranda: https://www.ocio.usda.gov/policy-directives-records-forms/directives-categories

· Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chapters, 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion. The contractor will not retain Government data past 30 days after the Government has acknowledged receipt of final flat file.

Contractor Requirements

The Contractor shall support the USDA, RD, SO with a wide range of NDMS and asset management services including but not limited to FCL, REO, property preservation services, appraisal services, eviction services, and bankruptcy services. Considering the importance of the tasks listed below to the RD mission, it is imperative that the Contractor provide highly capable, skilled, and experienced personnel capable of providing support needs throughout the entirety of life of the IDIQ’s and each TO.

Identified task deliverables, and activities at the TO level shall be performed in conjunction with government oversight, in accordance with policies and standards, and control procedures coordinated by the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) with Awardee if applicable. TO’s may be issued to provide simultaneous support to one or more projects of varying scale.

Task Orders will define the task areas included and the specific tasks, subtasks, and deliverables required within the scope of the individual TO’s. If applicable, key personnel requirements will be identified in the individual TO’s.

The Contractor shall accept loan files and supporting documentation using industry standard data elements, data exchanges and formats for all task areas within this IDIQ. Loan files being transferred to the Contractor for this task will be in a digital format using any or all the following file formats and methods:

· Comma-Separated Values text files: an ASCII Text file that uses a comma to separate values on each line of the file with each line being a single data record. Each record ends generally with the ASCII characters for Carriage Return and Line Feed;

· PDF document files: Portable Document Format, standardized as ISO 32000, is a file format developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems;

· Image files: may be in one of computing industry standard compressed image file formats including but not limited to TIFF (Tagged Image File Format), JPEG (Joint Photographic Experts Groups), GIF (Graphics Interchange Format), and PNG (Portable Network Graphics);

· XML files/data streams: Extensible Markup Language is a file format for or storing, transmitting, and reconstructing arbitrary data. When XML is used, the Government will adhere to existing applicable mortgage industry standards for data exchange with associated extensions specific to the Government;

· JSON files: Java Script Object Notation is an open standard file format and data interchange format that uses human-readable text to store and transmit data objects consisting of attribute–value pairs and arrays. When JSON is used, the Government will adhere to existing applicable mortgage industry standards for data exchange with associated extensions specific to the Government.

· File Upload/Download transmission method: The Government will provide the Contractor with a secure location to upload and download loan files. These locations will be provided by the Microsoft SharePoint Government Cloud solution. The Contractor’s authorized personnel will require an eAuth user identification and password to use SharePoint. Contractor will coordinate eAuth registration with the COR; and

· Web Services / Application Program Interfaces (API) transmission method: The Government may choose to exchange data between the Contractor and the Government. When Web services / APIs are used the Government will provide specific instructions to the Contractor defining how to connect, specific security protocols, and interchange transaction set.

IDIQ Contract Implementation

The Contractor shall plan for weekly implementation meetings, following the initial kick-off meeting, for the first 180 days. The Contractor shall provide an Implementation Report to be updated and due one day prior to each implementation meeting. The Implementation Report shall include the following: status of all on- onboarding, recruiting, challenges that may pose a risk to program execution and their proposed resolutions as well as other information that may be requested by Government regarding the Contractor’s readiness to perform. The Contractor has the discretion of formatting the Implementation Report. It is anticipated that meetings will be virtual, however if in-person meetings are required travel will be authorized under the Travel CLIN.

Transition Services

The Contractor shall plan for a logical and seamless transition-in and transition-out of operations, both to minimize, to the maximum extent practical, any adverse effect created by the transition process or success of awarded Task Orders.

Foreclosure Services The Contractor shall provide all the activities required to accomplish a foreclosure action, including but not limited to Occupancy Status, appraisals, title services, notifications, publications, and all other tasks necessary to complete a foreclosure under all applicable Local, State, Federal laws, and Agency Regulations for both Judicial and Non-judicial foreclosures. The Government expects the Contractor to complete the foreclosure with an unencumbered title. For planning purposes, all cases whether uncontested or contested will incur 100% of the uncontested firm-fixed price. If a case is contested the uncontested firm-fixed price will still be billable, however any additional labor hours for research and court appearances shall be billed, in accordance with the Over and Above clause in Section III of the contract, to the contested over and above CLIN.

Uncontested Foreclosure Services

The Contractor shall provide services that are required by foreclosure counsel in the prosecution of a foreclosure, both judicial and non-judicial, in accordance with Agency Regulations and Local, State, and Federal laws. The Contractor shall complete the foreclosure and provide USDA RD with an unencumbered title for the properties assigned in any TO.

Examples of Foreclosure Services include but are not limited to the following:

· Ordering title.

· Reviewing title reports and exceptions.

· Drafting Complaint, Summons, Lis Pendens, and other papers necessary to initiate the foreclosure action.

· Filing the foreclosure Complaint and Lis Pendens.

· Executing all steps necessary to obtain service of process on all defendants, including review of process server affidavits, obtaining court permission to serve by publication, and referral and tracking of published notices.

· Preparing legal papers for entry of foreclosure judgment, whether by default or through summary judgment process.

· Obtaining judgment of foreclosure, including one court appearance.

· Preparing all legal papers to conduct the foreclosure sale.

· Conducting, or arranging for the sheriff or other third party to conduct, the foreclosure sale.

· Attending the foreclosure sale, when required.

· Obtaining judicial confirmation of foreclosure sale, where required by local law.

· Prepare and provide all legal papers necessary to convey and unencumbered title to USDA RD or successful third-party bidder.

Contested Foreclosure Services Over and Above

The Contractor shall provide services that are required by foreclosure counsel in the prosecution of a contested foreclosure, both judicial and non-judicial, in accordance with Agency Regulations and Local, State, and Federal laws. Contested foreclosure-related services include all the services of an uncontested foreclosure, in addition to preparation and representing the Agency in litigation of a contested foreclosure process. If a case is contested, the uncontested firm-fixed price shall be applied and billable to the uncontested CLIN. Any additional labor hours required for services in the prosecution of a contested foreclosure shall be submitted in accordance with the Over and Above clause in Section III of the contract. The Contractor shall complete the foreclosure and provide USDA RD with an unencumbered title for the properties assigned in any TO.

Examples of contested foreclosure-related services include, but are not limited to the following:

· Ordering title.

· Reviewing title reports and exceptions.

· Drafting Complaint, Summons, Lis Pendens, and other papers necessary to initiate the foreclosure action.

· Filing the foreclosure Complaint and Lis Pendens.

· Executing all steps necessary to obtain service of process on all defendants, including review of process server affidavits, obtaining court permission to serve by publication, and referral and tracking of published notices.

· Preparing legal papers for entry of foreclosure judgment, whether by default or through summary judgment process.

· Obtaining judgment of foreclosure, including one court appearance.

· Preparing all legal papers to conduct the foreclosure sale.

· Conducting, or arranging for the sheriff or other third party to conduct, the foreclosure sale.

· Attending the foreclosure sale, when required.

· Obtaining judicial confirmation of foreclosure sale, where required by local law.

· Prepare and provide all legal papers necessary to convey and unencumbered title to USDA RD or successful third-party bidder.

· Preparation and representing Agency in litigation for contested Foreclosure process.

Property Preservation Maintenance Services (Unoccupied)

The Contractor shall provide initial and recurring maintenance services to preserve and maintain the property for minimal depreciation of value for custodial unoccupied properties

Initial Property Preservation Maintenance Services shall include

1. Gaining access and initial securing. Contractor must fully secure the property.

2. Lock box installation and re-key of one door

3. Up to six lock changes

4. Initial inspection

5. Post proper sign – in sheets, warning signs and For Sale signs

6. Lawn service up to 15,000 sq ft

7. Securing windows

8. Boarding and/or re-glazing windows when necessary

9. Prevention of further moisture damage

10. Roof repairs (patching and tarping only)

11. Sump pumps and pump outs

12. Winterization, including posting signs/stickers

13. Subsequent de-winterization for inspection and re-winterization after inspection

14. Secure swimming pools, spas, water features per local code

15. Cover electrical service panel and outlet covers

16. Animal Removal (0-35 lbs.)

17. Winterization of properties – e.g., dry, wet, refrigerant, etc.

Recurring Property Preservation Maintenance Services shall include:

1. Securing and boarding as a result of vandalism

2. Repairs as needed based on the results of routine inspections to resecure property

3. Biweekly lawn cut up to 15,000 square feet

4. Snow/ice removal in compliance

5. Salting for ice storms

Appraisal and Valuation Services

The Contractor shall complete appraisals on each identified property utilizing a licensed or certified appraiser. The Contractor shall ensure appraisals are maintained and no older than 12 months. If a new appraisal is required at no fault to the Contractor, it is the Contractor’s responsibility to obtain any additional appraisals. If the property is secured with a lockbox and vacant, the Contractor will perform an interior inspection and complete an “Interior Full Market Value Appraisal.” If the property is occupied, the Contractor may provide an “Exterior Only Appraisal”.

Foreclosure Over and Above

The Contractor shall provide any additional services necessary to ensure foreclosure timelines are maintained and actions completed to ensure USDA RD receives and unencumbered title for the properties assigned in each applicable TO.

Examples of Over and Above Services include, but are not limited to the following:

· Removal of Liens

· Payment of Code Violations

· Payment of past-due taxes

· Payment of HOA fees

· Tree Removal

· Property Preservation immediate needs

· Removal of animals (36 lbs. and above)

· Mold/Mildew Inspection/Remediation/Abatement

· Water Well Inspection/Septic

· Storm Damage/Debris

· Demolition

Property and Occupancy Inspection

The Contractor shall perform a monthly property inspection and provide a monthly property inspection report to determine occupancy status for all foreclosure and REO properties, and if unoccupied, generate property maintenance work orders to maintain the exterior of the property.

Examples of Property and Occupancy Inspection Services include, but are not limited to the following:

· Capture sufficient pictures to capture the essence of the property and grounds monthly.

· Create and deliver a monthly report describing the status of each assigned properties condition, and reason for vacancy determination.

· Generate property maintenance work orders to maintain the exterior of unoccupied properties.

Chapter 7 Bankruptcy Services

The Contractor shall provide Chapter 7 Bankruptcy Services.

Examples of Chapter 7 Bankruptcy Services include, but are not limited to the following:

· Motion for Relief

· Proof of Claim Preparation (if required)

· Reaffirmation Agreement

Chapter 13 Bankruptcy Services

The Contractor shall provide Chapter 13 Bankruptcy Services.

Examples of Chapter 13 Bankruptcy Services include, but are not limited to the following:

· Proof of Claim Preparation & Plan Review

· Objection to Plan

· Motion for Relief

· Payment Change Notification (if needed)

· Notice of Fees, Expenses, and Charges

· Post-Stipulation Default / Stay Termination

· Response to Final Cure Payment Notice (agreed or objected)

Mediation Services

The Contractor shall provide Mediation Services to include performing mediation for homeowners under state specific mediation programs, if applicable, homeowners may elect a separate mediation hearing whereby the foreclosure is halted. The Contractor shall represent the Government through resolution. Please note, that in some instances, multiple court hearings are required with Contractor involvement.

Eviction Services

The Contractor shall perform all services required to complete the eviction, in accordance with Agency Regulations; Local, State, and Federal laws; and with HB-1-3550. Evictions may be required at any point after the completion of the foreclosure or during the REO sale.

REO Services

The Contractor shall provide all the activities required to dispose of an REO property including but not limited to property preservation services, appraisals, notifications, publications, and all other tasks necessary to accomplish the disposal as listed below.

Disposition Services

The Contractor shall provide services for the disposal of REO properties for the entire servicing area consistent with 7 CFR 3550.251(c)(1). Addressing the Agency specific guidelines covering the disposal of REO Property discussed in HB-1-3550-Disposing of REO Property – Chapter 16.

Examples of REO Disposition Services include, but are not limited to the following:

· Listing REO properties

· Marketing REO properties

· Sale of the REO Properties

· Closing and Post Closing for the REO properties

Appraisal Services

The Contractor shall complete appraisals on each identified property utilizing a licensed or certified appraiser. The Contractor shall ensure appraisals are maintained and no older than 12 months. If a new appraisal is required at no fault to the Contractor, it is the Contractor’s responsibility to obtain any addition appraisals. If the property is secured with a lockbox and vacant, the Contractor will perform an interior inspection and complete an “Interior Full Market Value Appraisal.” If the property is occupied, the Contractor may provide an “Exterior Only Appraisal”.

Property Preservation Maintenance Services

The Contractor shall perform recurring maintenance services.

Initial Property Preservation Maintenance Services if unoccupied shall include:

1. Facilitation of field eviction and moving services

2. Gaining access and initial securing. Contractor must fully secure the property.

3. Lock box installation and re-key of one door

4. Up to six lock changes

5. Smoke Detectors and all detection devices

6. Initial inspection

7. Post proper sign – in sheets, warning signs and For Sale signs

8. Ready to show, including cleaning, within five (5) working days of assignment or notice of vacancy

9. Interior and Exterior debris removal up to 40 cubic yards

10. Eliminate health and safety hazards within 24 hours of discovery

11. Pest Control (not to include termite or Wood Destroying Organism treatment)

12. Lawn service up to 15,000 sq ft

13. Shrub trimming and grounds maintenance

14. Securing windows

15. Boarding and/or re-glazing windows when necessary

16. Prevention of further moisture damage

17. Roof repairs (patching and tarping only)

18. Sump pumps and pump outs

19. Winterization, including posting signs/stickers

20. Subsequent de-winterization for inspection and re-winterization after inspection

21. Secure swimming pools, spas, water features per local code

22. Cover electrical service panel and outlet covers

23. Install handrails

24. Graffiti abatement

25. Visual LBP inspections on pre-1978 houses

26. Removal of one vehicle

27. Notice to local authorities of POC for violation notices, utility bills, HOA bills, etc.

28. Animal Removal (0-35 lbs.)

29. Winterization of properties – e.g., dry, wet, refrigerant, etc.

30. Gutter Cleaning

31. Cap Dryer Vents

32. Cap Gas Lines

33. Cap Water Lines

34. Cap Exposed Wires

Recurring Property Preservation Maintenance Services if unoccupied shall include:

1. Securing and boarding as a result of vandalism

2. Repairs as needed based on the results of routine inspections

3. Recurring janitorial maid refresh

4. Biweekly lawn cut up to 15,000 square feet

5. Snow/ice removal in compliance with local requirements

6. Salting for ice storms

REO Over and Above Work

In accordance with Over and Above clause in Section III of the contract, the Contractor shall provide any additional services necessary to ensure REO timelines are maintained, and actions completed to ensure a timely sale of the properties assigned in each applicable TO.

Over and Above Services include, but are not limited to the following:

· Replacement of sump-pump

· Putting services in their name to maintain required utilities

· Pool securing and maintenance

· Removal of animals over 36 pounds

Program Management Services

The Contractor shall provide Program Management Support Services. Program Management Support Services include, but is not limited to Program and Project Planning, Financial Management Support, Risk Management Support, and Performance Monitoring. The Contractor shall provide consultation, planning and support services to manage programs, projects, services, tasks and activities efficiently and effectively.

Examples of Program Management Services include, but are not limited to the following:

· Provide project-related data, feedback and updates as required.

· Develop, document, and maintain an integrated program management plan to coordinate, prioritize and manage resources.

· Manage day-to-day activities of assigned Contractor personnel.

· Track work progress against identified milestones and delivery dates.

· Maintain project documentation including documentation of performance and implement management controls to meet performance, and schedule requirements.

· Maintain the Program Management Plan (PMP), and Risk and Issue logs.

· Design, develop and implement reporting to communicate progress on projects and other metrics identified as necessary for daily, weekly, and monthly reporting.

· Develop and maintain a Quality Control Plan (QCP) that addresses the NDMS scope outlined in the PWS, and includes at a minimum, the management philosophy, structure, and approach in obtaining quality standards for providing contracted services.

· Promoting secure information exchange between itself, USDA RD, and its industry stakeholders

· Provide the Government with Web browser read-only access to property and loan information. This portal will be used by the Government to review pertinent information and data necessary for the COR and/or CO to make determinations and to provide direction. Property and loan information includes but is not limited to all related inspections, Legal and Appraisal documents, loan receivables, accruals, collections, and relevant data specified in a task order. A user must be able to download Information being reviewed in the Web browser into PDF, CSV, Excel Workbook formats or JPEG.

· Provide a portal that allows the Government to provide approvals required to enable efficient processing of case files.

· Provide a portal that allows upload of Government approval supporting materials.

· Provide demonstrations and training for using the portal and Web browser access to the information listed above.

· Provide Web Browser access to daily status (ordering and tracking) of each assigned RD property., and demonstrate the capability to timely exchange data with other clients’ loan servicing systems (i.e., USDA utilizes LoanServ);

· Provide Web browser access to daily financial status of all Task Order CLINS.

· Provide authorized USDA RD personnel and systems with view only access to real time 24/7, secured Internet, and access to all production data. The system must not archive data without USDA RD’s prior, and written, approval compatible with current USDA RD web browsers, currently Microsoft Edge and Google Chrome. The access to the information must provide for at least one hundred (100) concurrent government users.

· Provide the capability for USDA RD to create on demand, ad hoc reports, at a loan/property level and summary level for any data element captured by the Contractor for USDA RD.

Deliverable(s) / Schedule

Performance of work will be determined at the TO level by the TO COR. Deliverables will be described in each TO awarded under the NDMS IDIQ’s. All TO deliverables are subject to review and approval by the ordering activity in accordance with the inspection/acceptance procedures in the TO. The Contractor shall work with the IDIQ CO to resolve any quality/requirement issues with deliverables without additional cost.

Examples of the types of deliverables anticipated on the Task Orders for the NDMS IDIQ’s include, but are not limited to the following:

Key Deliverables

Quality Control and Assurance

The Contractor shall maintain an effective quality control plan (QCP) to ensure services are performed in accordance with this NDMS IDIQ PWS. The Contractor shall implement procedures to identify, prevent, and ensure non-recurrence of defective services. The QCP is how they assure themselves that their work complies with the requirements of the agreement. Any changes to the QCP throughout the life of the IDIQ shall be submitted to the CO and COR within five (5) business days when changes occur for government review and acceptance. After acceptance of the QCP, the Contractor shall receive the CO’s acceptance in writing of any proposed change to their QCP.

The Contractor shall also appoint an NDMS IDIQ Quality Control manager that is knowledgeable of the necessary requirements of this program.

The Government shall evaluate the Contractor’s performance under this agreement and any subsequent Task Orders in accordance with the IDIQ level Quality Assurance Surveillance Plan (QASP) when applicable.

After award, the government will evaluate the Contractor’s performance under this IDIQ in accordance with the Government’s QASP which will be reviewed by both parties at the IDIQ kick-off meeting. QCPs may also be requested at the TO level.

Performance Monitoring

The Government shall evaluate the Contractor’s performance under this IDIQ to include all Task Orders in accordance with the Government’s QASP which will be presented to the Awardee(s) at the IDIQ kick-off meetings. The QASP is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. The Performance Requirements Summary (PRS) details the methods of surveillance the COR will use to validate if the contractor meets the performance objectives of the PWS.

Examples of the types of PRS anticipated on the TO’s for the NDMS IDIQ’s include, but are not limited to the following:

FCL Legal Foreclosure:

Standard Acceptable Quality Level

Appraisal

The remaining 5% will be completed within the 10 days after the HB-1-3550 applicable timeframes unless there is an exception granted by the Government.

Real Estate Owned (REO)

Standard Acceptable Quality Level

Monthly submission of all required reports detailing scheduled, completed, and outstanding tasks.

7 Deliverable(s) / Schedule

95% of reports accurately depict current status. Monthly Reports submitted by the 5th day of the month.

100% of the Monthly Reports and documents in support of closing activities submitted by the 5th of the month

100% of the Monthly Reports and documents in support of closing activities submitted by the 15th of the month

100% of the Monthly Reports and documents in support of closing activities submitted by the 15th of the month.

Appraisal

Property Preservation

Performance Timeframes

· First Legal Actions to initial Foreclosure and reasonable timeframes Mortgage Letter 2016-3, 16-03ML.PDF (hud.gov)

· For REO Properties the timeframe to complete a sale is 6 months.

Standards of Conduct

The Contractor shall maintain satisfactory standards of employee competency and conduct, and for taking disciplinary actions against employees, as necessary. The Contractor shall remove from the job site any Contractor employee found under the influence of alcohol, illegal drugs, or any other incapacitating agent during the tour of duty. The Contractor shall remove any employee whose conduct or appearance debase or discredits the Government. The Government reserves the right to require removal from the job site of any Contractor employee who endangers persons or property, whose continued employment is inconsistent with the interests of security, or whose presence deters the accomplishment of required services. In such cases, the CO will advise the Contractor of the reason for requesting an employee's removal, or withdrawal of his authorization to enter a government facility. The Government’s exercise of its right to grant and revoke access by individual(s) to its facilities will not constitute a breach or change regardless of whether said individual(s) is thereby precluded from performing work.

Travel

In the rare instance travel should be required, it should be requested under the associated Over and Above CLIN. Travel costs will be issued at the TO level and travel will be reimbursed at actual costs. Any Contractor request of travel must be made, in writing, to the CO and COR thirty (30) days prior to actual travel and approved under the associated Over and Above CLIN. Rural location is not a justification for travel.

Contractor’s Key Personnel

Contractors shall identify in writing the individuals appointed as key personnel for this contract. The Contractor must include relevant prior experience, special training, and education for personnel proposed to fill the key positions. The Contractor may provide an alternate point of contact (POC) for each of the key personnel listed below in writing. The Project Manager and/or alternate Project Manager will have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

Contractor shall make no substitutions of Key Personnel unless the substitution is necessitated by law, illness, death, resignation, or termination of employment. Contractor shall notify the Agency within ten (10) Calendar Days after the occurrence of any of these events. Any substitutions or replacements of Key Personnel require the written approval of the Agency. Contractor shall provide the Agency with the maximum possible period of notice of substitution or replacement of Key Personnel to allow for approval. For any proposed substitute or replacement Key Personnel, Contractor shall provide the following information to the Agency: a detailed explanation of the circumstances necessitating the proposed substitution or replacement, a complete resume for the proposed substitute(s), and any additional information requested by the Agency. Proposed substitutes or replacements should have qualifications comparable to or better than those of the persons being replaced. No change in Contract prices may occur because of substitution or replacement of Key Personnel.

The Contractor shall maintain key personnel for the following identified positions (substitutions for key positions defined below are prohibited). The Contractor shall ensure that each person performing as key personnel has the following minimum experience:

· Project Manager

· Works directly with the Government NDMS Program Office to manage the contract, invoices, and technical questions related to the contract. This person has oversight of full contract performance and quality control. This person has signature authority for the Contractor. The Project Manager has a a minimum of 15 years of experience managing contracts of this size and complexity.

· Chief Legal Counsel

· This individual is a point of contact for legal matters to work directly with the Government Office of General Counsel and Department of Justice and Government NDMS program office. This individual is the coordinating Counsel for any and all legal matters. This person has a legal degree and is licensed and a member of the bar in at least one state and 10 years of real estate legal experience.

· Relationship Manager

· This individual will work directly with the Program on a day-to-day basis as the primary POC. The person will deal directly with the decisions needed for disposition of the property. There is no education requirement for this position. This individual must have at least 10 years’ experience working on a default and/or real estate services program or project of similar size and complexity to this effort.

· Business Manager

· This individual works directly with the Government to resolve escalated issues that cannot be handled by the Relationship Manager. There is no education requirement for this position. This individual must have at least 10 years of experience managing a default and/or real estate services project of similar scope and complexity.

Security Requirements

Contractor(s) personnel performing work under this contract requiring access to sensitive information to include personally identifiable information (PII) shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information systems belonging to or being used on behalf of the United States Department of Agriculture.

Confidentiality and Nondisclosure of Information.

Any information provided to the Contractor (and/or any subcontractor) by Rural Development or collected by the Contractor on behalf of Rural Development shall be used only for the purpose of carrying out the provisions of this contract and shall not be disclosed or made known in any manner to any persons except as may be necessary in the performance of the contract. The Contractor assumes responsibility for protection of the confidentiality of the information and shall ensure that all work performed by its employees and subcontractors shall be under the supervision of the Contractor. Each Contractor employee or any of its subcontractors to whom any Rural Development records may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such employee or subcontractor can be used only for that purpose and to the extent authorized herein.

Sanitization of Government Files and Information.

As part of contract closeout and at expiration of the contract, the Contractor (and/or any subcontractor) shall provide all required documentation to the CO and/or COR to certify that, at the Government’s direction, all electronic and paper records are appropriately disposed of and all devices and media are sanitized in accordance with NIST SP 800-88, Guidelines for Media Sanitization.

To satisfy the requirements, a Public Trust Clearance shall be conducted prior to performing work under this contract. The level of access and the individual’s capability to perform work under this contract will be the determining factor in deciding if a higher investigative requirement is needed.