Attachment G- Offeror Questions Template_amendment0001.pdf

Attachment G Offeror Questions Template

Solicitation Number: 12SAD122R0001

# Reference Document Requirement Reference number (PWS, IV, V, other)

Solicitation Section

Solicitation Page Number Offeror Question Government Response

1 Will NDMS run parallel to the existing USDA REO asset management contract?

The USDA anticipates overlap, however, the NDMS will not take any properties assigned from the REO asset management IDIQ.

2 When do you anticipate awarding NDMS ? The USDA anticipates making an award 4th quarter 2022.

3 Subcontracting Plan How will the Gov't monitor small business participation?

In accordance with FAR 19.704, the awardee will be required to a Summary Subcontract Report (SSR) annually, as well as a quarterly Small Business Goaling Report as required in the PWS.

4 Solicitation Submission of Proposal VI 96 The RFP states that “Electronic proposals are due at or before 5:00 p.m. (ET) 12 JUN 2022.” June 12 is a Sunday. Please revise due date to normal business day.

Please see revised SF 1449 block 8.

5 Solicitation Volume II, Past Performance, Past Performance Matrix VI 105 Please define "Relevant Past Performance Records" in Table 2

Past Performance Cross Reference Matrix.

Please see RFP Section VII – Evaluation Criteria For Award , VOLUME II, PAST PERFORMANCE, FACTOR

3: PAST PERFORMANCE

6 Attachment E - IDIQ TEP Workbook

TABS - IDIQ CLIN Pricing and STO Pricing QTY (#) Column Are the Quantity Values Annual or Monthly? Annual

7 Attachment E IDIQ TEP Workbook RFP TEP Tab N/A Does USDA have established pricing for data transmission between servicing system and read only access portal?

No. The Offeror's fee for data transmission should be included in their Firm Fixed Price.

8 Attachment E IDIQ TEP Workbook IDIQ Workbook IDIQ CLIN Pricing

Tab N/A Can The Offeror charge a management fee? No

9 Attachment E IDIQ TEP Workbook IDIQ Workbook IDIQ CLIN Pricing

Tab N/A Can The Offeror charge a management fee for each business line referral (attorney, REO, Valuation, Prop Pres, etc.)? No

Solicitation Number: 12SAD122R0001

10 Attachment E IDIQ TEP Workbook IDIQ Workbook IDIQ CLIN Pricing

Tab N/A

During Industry Day - the USDA insinuated a management fee is not allowed. However - under RESPA Section 8 C - one is not allowed to assess 'extra' fees for any service that is not actually rendered.

The Contract awardee will spend time, material, and money managing attorneys,coordinating foreclosure and bankruptcy services, property preservation vendors, valuation vendors, title vendors, inspection vendors, real estate vendors, etc... Further, the Contract Awardee will spend/ exhaust time and material supporting technology, providing integrator type services, providing the USDA with analytics, reporting, vendor score cards, etc..

How does the USDA suggest that The Offeror account / price for this?

Should one include their fee(s) - fully burdened into the available CLIN's?

Will the USDA add / consider a separate CLIN for these activities.

The Offeror's management fee should be included in their Firm Fixed Price.

11 Attachment E IDIQ TEP WorkbooIDIQ Workbook IDIQ CLIN Pricing N/A Will the USDA consider adding a management fee CLIN? The Offeror's management fee should be included in their Firm Fixed Price.

Solicitation Number: 12SAD122R0001

12 Attachment E IDIQ TEP WorkbooIDIQ Workbook IDIQ CLIN Pricing N/A

IF a management fee is not allowed - what is the USDA's position on RESPA - Section 8?

RESPA Section 8(a) prohibits kickbacks for business referrals related to or part of settlement services involving federally related mortgage loans. 12 USC § 2607(a); 12 CFR § 1024.14(b).

RESPA Section 8(a) prohibits kickbacks for business referrals involving a federally related mortgage loan. RESPA Section 8(a) prohibits the giving and accepting of kickbacks (e.g., cash or other “things of value” as defined in RESPA and Regulation X) pursuant to any agreement or understanding to refer settlement service business or business incident to a real estate settlement service in connection with those loans. 12 USC § 2607(a).

RESPA Section 8(b) prohibits unearned fee arrangements, i.e., splitting charges made or received for settlement services, except for services actually performed, in connection with federally related mortgage loan transactions.

RESPA Section 8(b) prohibits unearned fee arrangements in connection with federally related mortgage loans. RESPA Section 8(b) prohibits the giving and accepting of any portion, split, or percentage of charges made or received for real estate settlement service business, unless for services actually performed. 12 USC § 2607(b).

The Offeror's management fee should be included in their Firm Fixed Price.

13 Attachment E IDIQ TEP WorkbooIDIQ Workbook TEP Tab N/A Please identify the fixed price CLINs CLINs X001,002,003,004,005,007,008,009,010,011,012, 013, 015 are Firm Fixed Price.

14 Attachment E IDIQ TEP WorkbooIDIQ Workbook TEP Tab N/A Please confirm CLINS X006AA, CLINX014AA and the respective option periods are the only time and material CLINS Please see answer above.

15 Attachment E IDIQ TEP WorkbooIDIQ Workbook TEP Tab N/A Will the USDA allow a click fee to be charged by each vendor (valuation / appraisal, REO, Property Preservation, Title, Attorneys, Etc..?

No

16 Attachment E IDIQ TEP WorkbooIDIQ Workbook TEP Tab N/A IF the USDA will allow a click fee to be charged - how should The Offeror account for this in their pricing? Under what CLIN?

Under what T&M tab?

Please see answer above.

Solicitation Number: 12SAD122R0001

17 Attachment E IDIQ TEP WorkbooIDIQ Workbook TEP Tab N/A

The USDA is very specific that 'only those labor categories(LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract.'

When looking at Attachment E - there is no category or CLIN that explicitly states or calls out technology, data, integrator services, etc.. Will the USDA please consider adding a CLIN or additional category for this?

No, this is not an IT procurement.

18 Attachment E IDIQ TEP Workboo IDIQ WorkbookANDNDMS RFP Section 7 sub section e and Workbook tabs

65 and Workbook Tabs

Will the USDA create a task order or CLIN so that the Contract Awardee can charge for the technology, time, and material required to gain access to the data contained within the USDA system(s)?

No. The Offeror's services should be included in their Firm Fixed Price.

19 Attachment E IDIQ TEP WorkbooRFP TEP Tab N/A Does USDA have established pricing for data transmission between servicing system and read only access portal?

No. The Offeror's services for data transmission should be included in their Firm Fixed Price.

20 All documents General question

If our law firm wishes to solicit work for all three states (OH, WV and KY) in which we are licensed, do we need to submit three RFPs with attachments (one for each state) and plan for three different oral presentations and slide shows or combine them?

In accordance with the PWS, the scope for this solicitation encompasses the Offeror providing nationwide services.

21 RFP IDIQ Rate Refresher 3 63

"Due to the dynamic nature of default services and potential changes in market conditions, the CO reserves the right to reassess previously negotiated rates in Attachment E, IDIQ TEP Workbook, and request updated rates at any time during the contract period of performance based on market conditions." Can USDA please provide some examples of circumstances where these rates would need to be updated?

It could be anything that significantly changes the cost of doing business for default services on a nationwide scale.

Solicitation Number: 12SAD122R0001

22 RFP Submission of proposal 2 96 States the due date as June 12, 2022, however, this is a Sunday.

Will proposal be due on Monday, June 13th instead? Please see revised 1449 block 8.

25 RFP, Attachment 11 - PWS, AttacOver and Above Work, ForeclosurIII-1. & 6.3.5 62 & 10

RFP Section III, 1. defines over and above work (see definition in Q6 above) and the PWS Foreclosure Over & Above work (6.3.5) states "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" This list above includes services such as tree and animal removal, mold/mildew, demolition, however, based on the labor categories (LCAT) provided in T&M 6AA & 14AA tables, there are no LCATS for preservation vendors to perform these services and an attorney, paralegal, or auditor are unable to perform these services. Therefore, additional LCATS's are needed so the vendor can bill T&M for these types of services or these non-legal services need to be removed from 6.3.5.

If additional LCATs are needed to perform over and above work, it will be handled on a case by case basis during contract administration.

26 Attachment E CLIN 6AA & 14AA T&M Tables

Option years 1 & 2 have a column "OptExt Price", however this same column beginning in Option year 3 says "Opt Subtotal".

Please confirm there is no difference between Extend Price and Subtotal.

Correct, please see revised Attachment E- IDIQ TEP Workbook

27 RFP Key Personnel 2.1 102 Will electronic signature be acceptable on the Letters of Commitment? Yes

Solicitation Number: 12SAD122R0001

28 NDMS RFP VI: Instructions to Offerors VI 96 Will the Government allow each volume’s Table of Contents to be excluded from page count?

Please see revised RFP Section VI – Instructions To Offerors, Section 4. PROPOSAL STRUCTURE

29 NDMS RFP VI: Instructions to Offerors VI 96 Will the Government allow each volume’s Cover Page to be excluded from page count?

Please see revised RFP Section VI – Instructions To Offerors, Section 4. PROPOSAL STRUCTURE

30 NDMS RFP VI: Instructions to Offerors VI 96 Will the Government allow each volume’s Cover Letter to be excluded from page count?

Please see revised RFP Section VI – Instructions To Offerors, Section 4. PROPOSAL STRUCTURE

31 RFP On-Ramping 2 62

Will government provide "Review of contractor performance" in a written report to the awardee? If so how often weekly, monthly, yearly? Is there specific criteria that we be evaluated ? If so what

The USDA will continually monitor the Contractor's performance throughout the life of the contract to ensure performance is in accordance with the PWS, and contract terms and conditions, to include annual CPARS.

32 RFP On-Ramping 2 62 Will awardee be allowed to review and respond to the governments review of contractor performance ? Yes

33 RFP On-Ramping 2 62 What specific contract requirements will be reviewed before an on-ramping decision is made ?

The USDA will continually monitor the Contractor's performance throughout the life of the contract to ensure performance is in accordance with the PWS, and contract terms and conditions, to include annual CPARS.

34 RFP On-Ramping 2 62 Will awardee be given an advanced warning regarding an on-ramping decision ?

"The USDA will notify current awardees via email for situational awareness, but they will not need to re-compete."

35 RFP IDIQ and Task Order Award VII.3 121 Is it possible for an offeror to be awarded TO2 if it did not received an award of TO1?

The Government reserves the right to award the STO provided by successful Offerors.

Solicitation Number: 12SAD122R0001

36 Attachment 11 - PWS General Is this PWS applicable to the task order or is there a task order PWS which should be used as a basis for the separate TO pricing?

This PWS is applicable for the IDIQ base, and Task Orders.

37 RFP IDIQ and Task Order Award VII.3 122 Is the STO pricing being evaluated to determine award of the IDIQ and TO1? No, the STO is not part of the total evaluated price.

38 RFP IDIQ and Task Order Award VII.3 122 is the STO pricing being evaluated solely to determine award of

TO2?

If the STO should be awarded, the pricing would be considered.

39 Attachment 11 - PWS IDIQ Implementation 6.1 8

Are the values provided by the government in the TEP tab for TO1 implementation corresponding to the performance of PWS

6.1 and 6.2 and what will be the contractors basis for billing under TO1 for implementation services?

TO1 corresponds to PWS section 6.1. and please see revised RFP Section III- Special Contract Requirements,

7. Invoice and Payment Instructions

40 Subcontract/Small Business

Small businesses are already performing the services why are the services being bundled/consolidated? In the Lessons Learn document posted on 3/8/22, slide # 8, your expected outcomes states you to maximize teaming opportunities for small businesses. Where is the market research that shows small businesses are not capable of providing the services as a small contractor. The current services are currently being performed by small business. (Legal, REO, Foreclosure services) Is there documentation that reflects the justification to consolidate and bundle when most of the work is being done by small businesses today.

A consolidation and bundling determination was posted to SAM.gov on June 12, 2020.

41 Solicitation RFP Block 20 1 of 124 Government states minimum amount of funding per awardee is $300,000. How is the $300,000 calculated…Is it paid in the base year or over the 10-year lifecycle evenly distributed?

The USDA anticipates satisfying the guaranteed minimum to all awardees with the first two task orders.

42 Solicitation RFP CLIN 0006A 4 of 124 Government Plug in Amount. Will the Government be plugging these before final request proposals? CLIN 0006AA is not a government plug number.

Solicitation Number: 12SAD122R0001

43 Solicitation RFP CLIN 0014A 7 of 124 Government Plug in Amount. Will the Government be plugging these before final request proposals? CLIN 0014AA is not a government plug number.

44 Solicitation RFP CLIN 00165, 0016 8 of 124 Government Plug in Amount. Will the Government be plugging these before final request proposals?

The USDA anticipates CLINs X015 and X016 will be awarded as TO1.

45 Solicitation RFP CLIN 00165, 0016 8 of 124 Travel for IDIQ… What is PSW? Assume typo of PWS Yes, please see revised SF1449

46 Solicitation RFP Section 2 On- Ramping 62 of 124

The government states that there may be an onramping period.

Will there also be an off-ramping period? If so how will the government assess, and pay all due fees for Property Preservation service performed by an existing contractor who may be off-ramped and not on the contract at property disposition.

This could be substantial and represent substantial ill-defined fees to be paid.

The USDA does not anticipate off-ramping to be required.

47 Solicitation RFP Section 2 Submission of Proposal (a)

All proposal will be due on or before 5pm 12 June 2022. It is unusual for government to mandate proposal delivery on a Sunday. Is this a mistake or accurate?

Please see revised SF1449 block 8.

48 Solicitation RFP Section 3 Inquiries 97 of 124

Questions regarding this solicitation must be submitted no later than 15 May 2022. It is unusual for government to mandate a Sunday delivery of questions. Is this a mistake or accurate?

Accurate

Solicitation Number: 12SAD122R0001

49 Solicitation RFP Subfactor 2.2 Transition Plan 102 of 124

It is stated that offerors should assume a 30 day process for contractors attorney approval. In the event the transition in information is not received from the incumbent organizations haw can we calculate that delay in the 30 day schedule?

There is no requirement to utilize the incumbent attorneys.

50 Solicitation Factor 2 102

Section 2.1 states that Key Personnel resumes must be current and up-to-date within one year of solicitation closing date. This vendor assume that the "Solicitation Closing Date" is the final submission date of our response. Is this correct?

Please refer to block 8 of the SF1449.

51 Solicitation Factor 2 103

The government requires a small business subcontracting plan to be provided inclusive of all relevant socio-economic categories.

In the case of the HUBZone category can the vendor utilize the FAR described HUBZone price differential of 10% and receive consideration of this in the overall Total Evaluated Price (TEP)

Please see RFP Section VII – Evaluation Criteria For Award, Volume III- Price, HUBZone Small Business, which only applies to the Offeror being HUBZone.

52 PWS 6.1 6

The government describes the performance requirements of this IDIQ an its implementation. Under Section 6.1 there is a mandatory weekly meeting schedule. Is it our assumption that these meetings are separately priced and a T&M basis in the pricing volume. Please clarify.

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

53 Is there enough inventory for NDMS? Yes

Solicitation Number: 12SAD122R0001

54 NDMS RFP RFP General N/A How will contract awardee perform work, i.e. within USDA's system or will loans need to be transferred to another system for disposition?

Awardee(s) will not be working within USDA's System of Record.

Loan data and document transfers from USDA RD to the Awardee(s) will occur through various secure methods depending on the data or documentation required to be exchanged. Examples of exchanges may be through USDA RD secured sites that Awardee(s) have been granted access, flat files, etc.

55 NDMS RFP RFP General N/A If contract awardee needs to perform work in USDA system, how will awardee access? Please see the answers provided to Question #54

56 NDMS RFP RFP General N/A If contract awardee can transition loans to another system, how will USDA facilitate? Please see the answers provided to Question #54

57 NDMS RFP RFP

Factor 1.1 Program Management, Section 7, Managing Protected Information

Please confirm expectation of where data required to execute contract default management services would be stored in order to facilitate services.

The USDA expects data will be stored in the vendors system. Please see the answers provided to Question #54.

58 NDMS RFP RFP

Factor 1.1 Program Management, Section 7, Managing Protected Information

101 Please confirm preference for data storage (i.e. on premises, Cloud, etc.).

This is up to each Offeror as it is a part of their unique technical approach to performing the efforts described in the PWS and in compliance with the solicitation. All data must remain within the United States and it's territories.

59 NDMS RFP RFP

Factor 1.1 Program Management, Section 7, Managing Protected Information

101 If cloud data storage is permitted, please clarify preferred cloud computing vendor. Please see the answer provided to Question #58.

60 NDMS RFP RFP

Factor 1.1 Program Management, Section 8, On- Line Loan File Review and Ad Hoc Reporting

101 Is read only access portal to be hosted on premises or in the cloud? Please see the answer provided to Question #58.

61 NDMS RFP RFP

Factor 1.1 Program Management, Section 8, On- Line Loan File Review and Ad Hoc Reporting

101 At what frequency does data in the read only access portal need to be updated, i.e. real time, daily batch, etc.?

Data provided by the read only access portal must be updated at a minimum frequency of daily. If a Contractor's system provides more frequent updates, that is acceptable

Solicitation Number: 12SAD122R0001

62 NDMS RFP RFP General N/A Is expectation that contractor will charge for all costs associated with extracting data from USDA servicing system to perform services?

The Offeror's services for data transfer should be included in their Firm Fixed Price. Please see the answer provided to Question #54.

63 NDMS RFP RFP General N/A At what frequency does data regarding default loans need to be fed back to USDA's servicing system, i.e. real time, daily batch, Please see the answer provided to Question #61.

12SAD122R0001 -

NDMS RFP.pdf

RFP Document - Section 7 Invoice and Payment Instructions pages 64-66

7 65

On Page 65 of the RFP Document - Invoice Schedule - it states that most items are "INVOICED UPON GOVERNMENT'S RECEIPT OF AN UNENCUMBERED TITLE'. Does this mean you expect the Contract Awardee to to do the following:

A. Pay out tens of millions of dollars to property preservation, valuation, attorney, real estate, and title vendors as their work is completed B. Work towards completing the foreclosure (which could take years in some states) C. Absorb / Float these costs (essentially lend money to the Federal Government) for many months / years D. THEN - finally invoice the Federal Government and recoup their costs - once the foreclosure is complete and unencumbered title is finally received?

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

65 12SAD122R0001 -

NDMS RFP.pdf

RFP Document - Section 7 Invoice and Payment Instructions pages 64-66

7 65

Will the USDA consider changing the invoice schedule to the following:

INVOICED UPON SUCCESSFUL COMPLETION AND PROOF

OF SAID WORK

Please see the answer provided to Question #64.

66 12SAD122R0001 -

NDMS RFP.pdf

RFP Document - Section 7 Invoice and Payment Instructions pages 64-66

7 65 Will the USDA consider changing the invoice schedule to the following:

INVOICED NET 30 DAYS

Please see the answer provided to Question #64.

67 12SAD122R0001 -

NDMS RFP.pdf

RFP Document - Section 7 Invoice and Payment Instructions pages 64-66

7 65 Will the USDA consider using a different / alternate invoicing structure - such as monthly reimbursement? Please see the answer provided to Question #64.

68 12SAD122R0001 -

NDMS RFP.pdf

RFP Document - Section 7 Invoice and Payment Instructions pages 64-66

7 65 Will the USDA consider an invoicing system that pays vendors after an action is complete? Waiting until the 'unencumbered receipt of title' may be years in some cases.

Please see the answer provided to Question #64.

69 Attachment 11 PWS

Performance Work Statement Section 6.3.5 Foreclosure Over & Above 6.3.5 10

Can the USDA confirm property taxes and insurance payments are current for all single family assets contained within the NDMS solicitation?

USDA pays property taxes and insurance for Foreclosure Properties. However, vendor may be required to pay the taxes for the REO's. If this occurs the government will reimburse.

70 Attachment 11 PWS

Performance Work Statement Section 6.3.5 Foreclosure Over & Above 6.3.5 10

Is it expected that the Contract Awardee may at times, bear responsibility for advancing delinquent property taxes and insurance?

In rare occasions it may be necessary to pay delinquent property taxes, if that should occur the USDA will reimburse.

71 12SAD122R0001 -

NDMS RFP.pdf

RFP Document - Section 7 Invoice and Payment Instructions pages 64-66

7 65 Will the USDA please consider adding a Transition In CLIN? The Offeror's transition services should be included in their Firm Fixed Price.

72 12SAD122R0001 -

NDMS RFP.pdf

RFP Document - Section 7 Invoice and Payment Instructions pages 64-66

7 65 Will the USDA please consider adding a Transition Out CLIN? The Offeror's transition services should be included in their Firm Fixed Price.

RD System Privacy Baseline Process and Requirements

Attachment 13 RD System Privacy Baseline Process and Requirements

GENERAL N/A Does the USDA mandate that all loans / information stay on their system?

Sagent, will remain USDA RD's system of record.

Awardee(s) are required to provide all pertinent loan data and documentation created or acquired in performance of their efforts for the Nationwide Default Management Services efforts to USDA RD daily.

Solicitation Number: 12SAD122R0001

RD System Privacy Baseline Process and Requirements

Attachment 13 RD System Privacy Baseline Process and Requirements

GENERAL N/A

Is the USDA open to a system / technology in which data flows from the USDA system to a different system and then back to the USDA system?

Yes, please see the answer provided to Question #54.

75 Attachment E IDIQ TEP Workbook IDIQ Workbook STO Pricing Tab N/A

On Attachment E MDIQ Worksheet STO Pricing - REO Disposition - The Base Period has a quantity of 4,745 assets.

Option Period 1 has a quantity of 4,416 assets. Can the USDA please clarify IF these numbers are year over year 'run off' type numbers or if they start over each year? For example should The Offeror expect 4,745 REO in Year 1, and then another 4,416 REO in year 2 / option period 1, and then another 4,104 REO in year 3 / option period 2, and so on?

Yes. The quantities provided by period in the STO pricing tab are USDA RD's estimates of the number of REO Dispositions which may be awarded and assigned in each applicable contract period.

Attachment E IDIQ TEP Workbook IDIQ Workbook IDIQ CLIN Pricing

Tab N/A

Can the USDA please confirm forecasted quantity (QTY) numbers of this worksheet? For example - should The Offeror expect 11,895 Uncontested Foreclosure Services in Year 1, then another 11,064 uncontested foreclosures in year 2 / option period 1, then another 10,290 uncontested foreclosures in year 3 / option period 2, etc..?

Yes. The quantities provided by period in the IDIQ CLIN Pricing tab are USDA RD's estimates of the number of Uncontested Foreclosures which may be awarded and assigned throughout the anticipated IDIQ contract period.

Please note that these quantities provided are estimates for all of the work to be performed under the NDMS IDIQ's which are anticipated to include multiple awardee(s).

77 Attachment 11 PWS Performance Work Statement GENERAL N/A Can the USDA please explain, outline, and provide details regarding the claims process associated with the NDMS?

There are no guaranteed claims in this process as this is a direct loan program.

78 Attachment 11 PWS Performance Work Statement GENERAL N/A Who is responsible for the USDA claims process as part of the

NDMS?

The Contract Awardee? The USDA?

There are no guaranteed claims in this process as this is a direct loan program.

79 Attachment 11 PWS Performance Work Statement GENERAL N/A Could the contract awardee be penalized with any type of curtailment(s) associated / related to the Claims process?

There are no guaranteed claims in this process as this is a direct loan program.

80 Attachment 11 PWS Performance Work Statement GENERAL N/A

Can the USDA please describe a situation / scenario in which the Contract Awardee could/would be assessed a curtailment penalty associated with the regular scope of work outlined in the NDMS and/or the claims process?

There are no guaranteed claims in this process as this is a direct loan program.

81 Attachment 11 PWS Performance Work Statement GENERAL N/A IF the contract awardee is curtailed, please provide an example of when / how this could happen.

There are no guaranteed claims in this process as this is a direct loan program.

82 Attachment 11 PWS Performance Work Statement GENERAL N/A Should the Contract Awardee be curtailed, may the contractor appeal as directed under the guidelines of the USDA / Agency Handbook?

There are no guaranteed claims in this process as this is a direct loan program.

83 Attachment 11 PWS Performance Work Statement GENERAL N/A Will the contract awardee be tasked with the submission of supplemental claims?

There are no guaranteed claims in this process as this is a direct loan program.

84 Attachment 11 PWS PWS 6.2 7

Section 6.2 of the PWS defines the contractor shall provide transition in services to seamlessly transition in and out services under this contract. However Attachment E IDIQ TEP does not provide a contract line item for transition in services. What CLIN will be designated to reimburse the contractor for transition in and transition out services?

The Offeror's transition services should be included in their Firm Fixed Price.

85 Attachment 11 PWS PWS 6.2 7 Will USDA consider adding Transition In and Transition Out CLIN with Fixed Price funding to the scope of the contract ?

The Offeror's transition services should be included in their Firm Fixed Price.

86 Attachment 11 PWS PWS 6.3.5 10 Please confirm Foreclosure Over and Above is a fixed price CLIN? CLIN X006AA is a Time and Materials CLIN.

87 Attachment 11 PWS PWS 9 17

Pertaining to Performance Monitoring and the performance standards identified on pages 18,19 and 20 of the PWS: What are penalties if any will be levied on the contractor for not adhering to the acceptable quality levels?

The contract will be administered in accordance with the terms of FAR 52.212-4 Contract Terms and Conditions.

Solicitation Number: 12SAD122R0001

88 12SAD122R0001 -

NDMS RFP.pdf RFP Section 7 sub section e 115

CLIN X001 - CLIN X005: the invoice schedule indicates the contractor can invoice these CLINS only upon receipt of unencumbered title. Please confirm the expectation is the servicer / contractor advance these expenses on behalf of the government and expect the contractor to float the associated foreclosure expenses until the foreclosure is completed and clear title is conveyed to USDA?

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

89 12SAD122R0001 -

NDMS RFP.pdf RFP Section 7 sub section e 115 Regarding CLIN X001 - CLIN X005: will the government pay for interest expenses if the contractor has to carry expenses until a foreclosure is completed?

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions. The USDA expects the Offeror to include it their Firm Fixed Price.

RD System Privacy Baseline Process and Requirements

Attachment 13 RD System Privacy Baseline Process and Requirements

GENERAL N/A

Does the USDA expect the Contract Awardee to pay for any and absorb all costs related to technology, architecture, standing up an integration system, secure extraction of all loan data from the USDA, the ongoing support of that data architecture, and then the secure return of that data once the required tasks are complete?

The Offeror's services for data transfer should be included in their Firm Fixed Price. Please see the answer provided to Question #54.

91 Attachment 11 PWS PWS GENERAL N/A

The Performance Work Statement or RFP Document do not spell out how the Contract Awardee will receive borrower, loan, or default related data from the USDA.

Can the USDA offer clarification regarding their expectations around how data will flow / be shared, transmitted, accessed, secured, between the USDA and Contract Awardee?

Please see the answer provided to Question #54.

92 Attachment 11 PWS PWS GENERAL N/A How does The Offeror get data from the USDA System to their system(s)? Please see the answer provided to Question #54.

93 Attachment 11 PWS PWS

Section 6.10 Program Management Services

14-15

Will the USDA allow the Contract Awardee to migrate USDA Data to their systems / workflows / etc. - assuming that the Contract Awardee satisfies all Federal Government Security Requirements such as NIST Certification SOC 1,2,3, etc.?

Please see the answer provided to Question #54.

94 Attachment 11 PWS PWS

Section 6.10 Program Management Services

14-15 Is the Contract Awardee mandated to complete all work on the USDA system of record? Will the USDA entertain alternative ideas / structures outside of their system(s)?

Please see the answer provided to Question #54.

95 Attachment 11 PWS PWS

Section 6.10 Program Management Services

14-15 To minimize potential challenges and to decrease overall expense

- does the USDA prefer a Loan-Serv to Loan-Serv system integration?

Please see the answer provided to Question #54.

96 Attachment 11 PWS PWS Section13 Security Requirements

Due to the extensive amount of Personally Identifiable Information (PII) and contractual requirements of the US Government, is the USDA mandating that the Contract Awardee be NIST certified?

The vendor is responsible to ensure confidentiality of the RD data stored within their systems. A FedRAMP authorization is preferred but not required. All data must remain in the United States and its territories At a minimum, the level must meet the requirements of the Privacy Act of 1974, as referenced in Attachment 11, Performance Work Statement, Section 5 Constraints and Applicable Documents.

Solicitation Number: 12SAD122R0001

97 Attachment 11 PWS PWS Section13 Security Requirements

Due to the extensive amount of Personally Identifiable Information (PII) and contractual requirements of the US Government, is the USDA mandating that the Contract Awardee be SAS 70 Type I/II - SOC 1,2, and 3 certified?

The vendor is responsible to ensure confidentiality of the RD data stored within their systems. A FedRAMP authorization is preferred but not required. All data must remain in the United States and its territories At a minimum, the level must meet the requirements of the Privacy Act of 1974, as referenced in Attachment 11, Performance Work Statement, Section 5 Constraints and Applicable Documents.

98 Attachment 11 PWS PWS Section13 Security Requirements

Due to the extensive amount of Personally Identifiable Information (PII) and contractual requirements of the US Government, is the USDA mandating that the Contract Awardee have the highest levels of anti-ransomware and anti-penetration technology?

At a minimum, the level must meet the requirements of the Privacy Act of 1974, as referenced in Attachment 11, Performance Work Statement, Section 5 Constraints and Applicable Documents. If the Offeror proposes a higher level that is acceptable as well.

99 NDMS RFP RFP

Factor 1.1 Program Management, Section 7, Managing Protected Information

Please confirm expectation of where data required to execute contract default management services would be stored in order to facilitate services.

Please see the answer provided to Question #54.

100 NDMS RFP RFP

Factor 1.1 Program Management, Section 7, Managing Protected Information

101 Please confirm preference for data storage (i.e. on premises, Cloud, etc.). Please see the answer provided to Question #54.

101 NDMS RFP RFP

Factor 1.1 Program Management, Section 7, Managing Protected Information

101 If cloud data storage is permitted, please clarify preferred cloud computing vendor. Please see the answer provided to Question #54.

102 NDMS RFP RFP

Factor 1.1 Program Management, Section 8, On- Line Loan File Review and Ad Hoc Reporting

101 Is read only access portal to be hosted on premises or in the cloud? Please see the answer provided to Question #54.

103 NDMS RFP RFP

Factor 1.1 Program Management, Section 8, On- Line Loan File Review and Ad Hoc Reporting

101 At what frequency does data in the read only access portal need to be updated, i.e. real time, daily batch, etc.? Please see the answer provided to Question #61.

104 NDMS RFP RFP General N/A Is expectation that contractor will charge for all costs associated with extracting data from USDA servicing system to perform services?

Please see the answer provided to Question #62.

Solicitation Number: 12SAD122R0001

105 NDMS RFP RFP General N/A At what frequency does data regarding default loans need to be fed back to USDA's servicing system, i.e. real time, daily batch, etc.?

Please see the answer provided to Question #61.

106 Solicitation RFP Invoice Schedule 65 of 124

In the Table under CLIN numbers X012 and X013 related to the REO Appraisal and Property Preservation Services, the Government states that these fees may be invoiced after sale of the property and all proceeds and closing documents are received by the Government. This timetable may delay payments from the Government to the vendor months if not years. The vendor will be responsible for paying all salaries and / or taxes, benefits etc. of all employees, costs of all materials, and all invoices of any subcontractors delivering appraisals and property preservation services that will amount to 100,s of 1000s of dollars being accrued per property with total annual holding costs in excess of $xxx millions at any given time on the contract. This is untenable for any organization, small or large. Will the Government allow the contractor to invoice immediately after service NET 30 days;

and / or will the government provide a draw of funds to be reconciled at disposition while still allowing the REP Appraisal and Property Preservation services to be paid as delivered?

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

107 Attachment F Properties sold by State Attachment F 1 The table provided lists only 31 states, what is the status of the remaining 19 states, territories, and commonwealths?

The PWS identifies the contractor is responsible for the entire servicing area for USDA RD.

108 Attachment F Properties sold by State Attachment F 1 The information provided is for what year? 6/1/2021

109 Attachment F Properties sold by State Attachment F 1 The last column is titled "Average of Sale Price2", should there be a column for "Average of Sale Price1? No, use Average of Sale Price2 for most updated price.

110 Attachment E IDIQ CLIN pricing Attachment E

Since the property preservation maintenance services (unoccupied and REO), appear to combine both initial and recurring services into one Fixed Unit Monthly Price, can USDA provide an estimate of the number of initial inspections versus recurring inspections by state?

Recurring inspections are monthly and occur after initial inspection of FCL/REO property acceptance.

111 Attachment 11 - PWS Property Preservation Maintenance Services 6.9.3 12

Standard within the preservation industry is a not to exceed (NTE) amount to cover emergency services such as basement floods from a non-working sump pump so the vendor can take care of the issue while onsite to prevent further property deterioration.

Would USDA consider providing a NTE amount that does not require approval for these types of preservation issues?

Not withstanding the areas covered under PWS Section

6.9.3 Property Preservation Maintenance Services, authorization will be given on a case by case bases for services under PWS section 6.9.4 REO Over and Above Work.

Solicitation Number: 12SAD122R0001

112 RFP & Attachment 11 - PWS Section III- Special Contract Requirements, Foreclosure Over & Above Work

1, 6.3.5 62, 10

Over and Above Work is defined in the RFP as "work discovered by the contractor during performance of work assigned that is within the general scope, however not included as part of the current contract. When the contractor encounters over and above work, they must notify the CO and submit a proposal for approval prior to start of performance and within a reasonable time of identification of the over and above work. Any work initiated without CO approval will be performed at the contractor’s own expense." However, in the PWS one of the bullets under 6.3.5 is "property preservation immediate needs". Based on the above, please verify that if an unoccupied foreclosure is found to have 3ft. of water in the basement in August, that we need to provide a proposal that "should contain the description of work, the estimated labor hours, labor rates, and material required to complete the task. The proposal should be sufficient to satisfy contract requirements and obtain the authorization of the CO before performing the proposed work. The proposal will be priced based on competitively established basic IDIQ rates. Prior to approval, the CO will verify with the COR that the proposed work is required and is not covered under the current contract line items, determine whether the prices and quantities are fair and reasonable, as well as verify that funding is available". Can USDA provide a definitive timeline to provide this approval? If not, vendor would recommend USDA implement a NTE emergency property preservation amount so vendors can take care of these types of issues while onsite.

Not withstanding the areas covered under PWS Section

6.9.3 Property Preservation Maintenance Services, authorization will be given on a case by case bases for services under PWS section 6.9.4 REO Over and Above Work.

113 Attachment 11 - PWS Constraints & Applicable Documents 5 6 Confirm that this contract will only be for 502 Direct Loans and not for 504 repair loans/grants.

Confirmed, it will be for direct secured 502 and 504 Loans.

114 Attachment 11 - PWS Uncontested Foreclosure Services 6.3.1 & 6.3.2 9 Can you please provide a list of the states that require attendance at the foreclosure sale? No

115 HB-1-3550 Non-Program Loans 2.6 2-4 Will defaulted loans assigned to this contract only be program loans or also non-program loans?

All Loans secured by the Agency for the Direct loan program

116 RFP Invoice and Payment Instructions 7.e. 65

Pre-foreclosure preservation, appraisal, inspections, and contested/uncontested foreclosure expenses are listed in the table as not paid until unencumbered title is received. Due to unforeseen issues such as easement/encroachment, liens, gap in chain of title, tax sale, inheritance issues, etc. unencumbered title may not be received for months. In fact, HUD Mortgagee Letter 2016-3 referred to by USDA in section 9 of the PWS, page 20, states the average time for first legal actions to initiate foreclosure and reasonable diligence timeframes is 17 months for all 50 States, and 16 months for Guam, Puerto Rico, and US Virgin Islands. Does USDA expect the awarded vendor to pay for these services monthly but not receive reimbursement until unencumbered title is received? What if title issues can't be resolved, how is the vendor paid for the outlay of expenses incurred?

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

Solicitation Number: 12SAD122R0001

117 RFP Invoice and Payment Instructions 7.e. 65

REO appraisal and property preservation are listed in the table as not paid until the property is sold and closed. Since the contract requires properties to be sold within 165 days, should a property take that long to sell, the vendor continues to pay for property preservation, inspections, and appraisals on a monthly basis for possibly 5 months. USDA is requiring 49.5% small business participation, does USDA expect the vendor to continue paying the small businesses providing these services, while the vendor is not paid until closing? If so, does the vendor accrue these expenses and provide a total to the closing attorney to be added to the closing statement? Does this amount have to be approved by USDA?

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

118 Attachment 11 - PWS Property preservation maintenance services & REO over and above work

6.9.3 & 6.9.4 12-14

REO Initial Property Preservation Maintenance Services if unoccupied shall include: one of the bullets is Sump pumps and pump outs. Does this only refer to repairing a sump pump, but not replace, because in 6.9.4 REO over and above work it lists a bullet - replacement of sump pump. Please clarify.

Correct

119 Attachment 11 - PWS Property Preservation Maintenance Services 6.9.3 13 Bullet 29 - winterizations are not completed with refrigerant, they are completed with anti-freeze. Please confirm Confirmed

120 Attachment 11 - PWS Property preservation maintenance services & REO over and above work

6.9.3 & 6.9.4 12-14 6.9.3 includes a bullet to remove animals 0-35 lbs., should the 4th bullet in 6.9.4 state animals over 36 lbs.?

Please see revised Attachment 11 - Performance Work Statement, Section 6.9.4 REO Over and Above Work

121 Attachment 11 - PWS Deliverables/Schedule 7 16 Quality Control Plan should be labeled 8 Please see revised Attachment 11 - Performance Work Statement.

122 RFP Oral Presentation Volume 5, Factor 5123 Will USDA provide the test data to be utilized for vendor demonstrations of their system for evaluation purposes, or do we create our own test data?

Offerors will create their own test data.

123 RFP Oral Presentation Volume 5, Factor 5123 Can the USDA provide a timeframe of when they expect oral presentations to be scheduled? The USDA anticipates 4th quarter 2022

124 Attachment 11 - PWS Performance Monitoring, FCL Legal Foreclosure 9 18

Please confirm if HB-1-3555 should be included or removed from the chart under complete judicial foreclosure & complete non-judicial foreclosure.

Yes, it should be included.

125 Attachment 11 - PWS Performance Monitoring, FCL Legal Foreclosure 9 18 Should eviction services be added to this chart? Please see revised Attachment 11, Performance Work

Statement

126 RFP Invoice Schedule 7.e. 65

Unencumbered title refers to an asset or property that is free and clear of any encumbrances, such as creditor claims or liens.

Please clarify if the USDA will pay for CLINS X001-CLIN X005 upon receipt of clear title or upon receipt of ownership at the foreclosure sale?

Unencumbered title is required if sold to a third party or acquired by the Agency

127 RFP Invoice Schedule 7.e. 65 Will vendor be required to provide a copy of the unencumbered title or REO closing statement in order to be bill for CLINS X001- X005, X011, X012, and X013?

Yes, unencumbered title after FCL sale

128 Attachment 11 - PWS Contractors Key Personnel 12 21

States "The Contractor shall maintain key personnel for the following identified positions (substitutions for key positions defined below are prohibited)." Since vendor cannot force employees to stay all ten (10) years of this contract, can the USDA include a timeframe for no substitutions (typically is 3-6 months) or a clause allowing USDA approval for substitution?

Please see revised Attachment 11- Performance Work Statement, Section 12 Contractor's Key Personnel

129 RFP Invoice Schedule 7.e. 65 Requesting solicitation's definition of "Unencumbered title" as used in CLN X001-CLIN X005.

Please see revised Attachment 11- Performance Work Statement, Section 19 Acronyms and Definitions.

Solicitation Number: 12SAD122R0001

130 RFP Invoice Schedule & Clause 52.242-5

7 e & Section IV - Contract Clauses 65 & 87

In accordance with the FAR 52.242-5 a non payment for services performed by a subcontractor doing work on CLIN X001 - CLIN X005 may hinder primes ability to meet the solicitation's high percentage small business requirements in section 2.4 "subfactor" page 103.

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

131 RFP Invoice Schedule & Clause 52.232-40

7 e & Section IV - Contract Clauses 65 & 82 Will the government allow any accelerated payments for CLINs

X001 - CLIN X005 for payment to small business subcontractors ?

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

132 Invoicing Schedule- Page 65

RFP

If preservation services are being provided until the property sells, can we invoice before the property sells. In some states the property may not sell for years depending on the laws. That will be harmful to any business not being able to be invoice for services performed in a reasonable time frame.

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

133 Invoicing Schedule- Page 65

RFP

This places a burden on the contractor where it appears the Gov't is receiving the benefit of services performed without paying for them in a reasonable manner. Are we allowed to invoice monthly for preservation services since some sales take years depending on the state , rules and laws.

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

134 Can the Government provide historic pricing for preservation services since invoicing is not permitted until property is sold. No

135 Solicitation RFP Invoice Schedule 65 of 124

In the Table under CLIN numbers X012 and X013 related to the REO Appraisal and Property Preservation Services, the Government states that these fees may be invoiced after sale of the property and all proceeds and closing documents are received by the Government. This timetable may delay payments from the Government to the vendor months if not years. The vendor will be responsible for paying all salaries and / or taxes, benefits etc. of all employees, costs of all materials, and all invoices of any subcontractors delivering appraisals and property preservation services that will amount to 100,s of 1000s of dollars being accrued per property with total annual holding costs in excess of $xxx millions at any given time on the contract. This is untenable for any organization, small or large. Will the Government allow the contractor to 1) charge interest at an annual rate consistent with conventional loan organization from date of service provided;

and / or 2) invoice immediately after service NET 30 days; and / or will the government provide a draw of funds to be reconciled at disposition while still allowing the REP Appraisal and Property Preservation services to be paid as delivered?

Please see revised RFP Section III- Special Contract Requirements, 7. Invoice and Payment Instructions

136 Solicitation RFP Invoicing 65 of 124

The government's draft includes an invoicing / payment schedule that seems not to consider the mandatory 49.5% small business of subcontracted dollar use requirement included in the solicitation draft. Has the government considered the significant risks that may be realized by a small business specific to an invoicing and payment approach that will delay payments to small businesses, especially in Property Preservation until the end of a cycle. This may create a potential delay in payments to small businesses for up to two years depending on the receipt of all proceeds and a closing document.

Please see revised RFP Section III- Special Contract

Solicitation Number: 12SAD122R0001

137 Solicitation RFP Invoicing 66 of 124

The government's draft includes an invoicing / payment schedule that seems not to consider the mandatory 49.5% small business of subcontracted dollar use requirement included in the solicitation draft. Has the government considered the significant risks that may be realized by a small business specific to an invoicing and payment approach that will delay payments to small businesses, especially in Property Preservation until the end of a cycle. This may create a potential delay in payments to small businesses for up to two years depending on the receipt of all proceeds and a closing document.

Please see revised…