Responses_to_Vendor_Questions_for_MA.pdf

RFP 15JPSS19R00000006, Private Counsel Debt Collection – District of Massachusetts Responses to Vendor Questions

No. RFP Reference Question/Comment Response

1 15JPSS19R00000006 Contingent fee rates are largely based on anticipated liquidation rates. Will I be permitted to contact private counsel contractors in other Districts about their liquidation experiences?

This is a decision to be made by the firm.

The Federal Procurement Data System-Next Generation (https://www.fpds.gov), is a single source for US Government-wide procurement data. In the ezSearch, type “private counsel debt collection”, and you will find procurement data, as it relates to the DOJ’s Private Counsel Program (PCP).

2 15JPSS19R00000006 If the answer to Question 1 is in the affirmative, will you provide contact information for contractors in other Districts?

See response to Question 1.

3 15JPSS19R00000006 Based upon prior experience in other Districts and other information available, what types of cases do you expect to be placed and from what Departments?

These are all non-tax civil cases consisting of unsecured and secured debts. Unsecured debts are mainly defaulted student loans, SBA defaulted loans, and other civil debts owed to Federal agencies. The secured debts are foreclosures from HUD, Department of Agriculture, and Veterans Administration.

4 15JPSS19R00000006 How many cases are ready for placement in the District of MA presently?

There are 161 PC-eligible cases.

5 15JPSS19R00000006 Going forward, what sort of case volume do you expect to be placed in the District of MA on a monthly basis?

The current volume of referrals is 10 or less cases per month.

6 15JPSS19R00000006 Have any cases that are the subject of this contract previously been placed with private collectors, agencies or law firms?

Prior to Federal agencies referring debt to DOJ for collection through litigation, Federal agencies exhaust their own means of collection, some through private collectors. Since this is a new district entering the DOJ’s PCP, it is highly likely that cases being referred were not handled by another PC.

https://www.fpds.gov/

No. RFP Reference Question/Comment Response

7 15JPSS19R00000006 If the answer to question 6 is in the affirmative, approximately what percentage of cases have been with collectors, agencies or law firms prior to placement here?

Most of the unsecured debts being referred to DOJ have had private collectors attempt non-litigation collection.

8 15JPSS19R00000006 Is there a library of motion or other specialized documents that I may use as templates for recurring situations in the District of MA?

The Program Office coordinates with the MA USAO for the PC to obtain the pleadings and filings templates to be utilized for debt collection litigation in the district.

9 15JPSS19R00000006 If, upon my evaluation of a case, I determine that the case should not be commenced but rather closed, can I decline to litigate?

DOJ through PC seeks to secure the Government’s interest through litigation, obtaining a judgment and lien, and thereafter, initiate enforcement.

It is contemplated that the PC’s expertise in assessing collectability on a case may lead to a decision to no longer pursue a collection, but at a minimum, the PC will obtain a judgment or lien.

10 15JPSS19R00000006 Will I be permitted to contact private counsel contractors in other Districts about other matters concerning their portfolios such as numbers of cases with expired Statutes of Limitations and/or bad addresses, for example? Do you have/keep such data and would that information be available to me?

See response to Question 1.

11 15JPSS19R00000006 Do you have data, based upon prior experience, regarding how many cases have had counterclaims filed and or what number of the case settle? Go to trial?

No, DOJ does not readily keep this statistic on cases assigned to the PC.

12 15JPSS19R00000006 Do you have data as to the average age and balance of these cases that would be made available to me?

The system of record can retrieve this information. DOJ will provide this information to the PC for cases.

13 15JPSS19R00000006 What other information do you have regarding these cases that would point to collectability?

Other than PII within the system of record, the PC would need to take its own steps to determine collectability for assigned cases.

DOJ has resources and tools for collectability analysis but does not utilize those for every case.

No. RFP Reference Question/Comment Response

14 15JPSS19R00000006 Do these cases have documentation that will serve as evidence such as original contracts, original promissory notes, etc., and will that be provided upon placement or will it follow placement?

Yes, unless excepted Federal Debts referred to DOJ for litigation include Standard Form 750, a Collection Claims Litigation Report (CCLR) in accordance with 31 CFR 904.2. Referring Agency points of contact are also accessible to DOJ for these debts.

15 15JPSS19R00000006 If placements are made electronically and original promissory notes/contracts follow, will copies of the notes or contracts be provided with placements or within the 30 day time for suit to be filed?

Agencies work with DOJ to provide all necessary documentation for litigation as requested. Timelines identified for suits to be filed are guidelines and the PC can notify the COR when exceptions are necessary.

16 15JPSS19R00000006 Does the time frame outlined in the RFP for the contractor to make demand and sue take into account the need for the contractor to review each case prior to demand and allow for meaningful attorney involvement?

Timelines identified for collection activity and suits to be filed are guidelines and the PC can notify the COR when exceptions are necessary.

17 15JPSS19R00000006 Does this contract, have an incumbent? This is a new district entering the DOJ’s PCP; thus, there is no incumbent information to share.

18 15JPSS19R00000006 If there is an incumbent, who is the incumbent and is the incumbent still working on these cases?

See response to Question 17.

No. RFP Reference Question/Comment Response

19 15JPSS19R00000006 Can you please confirm if any of these files are old and if so, are there any old judgments that are beyond the 20-year period as per 10 USC Section 3201?

Of the 161 PC-eligible cases, there are less than 50 that require a judgment, all others have judgments. There are about 15 cases with judgment dates over 20 years old and some are in paying status. These judgments fall under 12 U.S.C. 3201 Judgment Liens (c) Duration of lien; renewal.—

(1) Except as provided in paragraph (2), a lien created under subsection (a) is effective, unless satisfied, for a period of 20 years.

(2) Such lien may be renewed for one additional period of 20 years upon filing a notice of renewal in the same manner as the judgment is filed and shall relate back to the date the judgment is filed if--

(A) the notice of renewal is filed before the expiration of the 20-year period to prevent the expiration of the lien; and

(B) the court approves the renewal of such lien under this paragraph.

20 15JPSS19R00000006 How may files/cases are contemplated by this contract?

See response to Question 4.

21 15JPSS19R00000006 Does this contract anticipate any new files and if so, how many are estimated?

Ten new referrals are received each year.