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RFP 15JPSS23R00000005, Private Counsel Debt Collection – District of New Jersey Responses to Vendor Questions
No.
| RFP Reference |
| Question/Comment |
| Response |
| Please reconfirm the due date for this procurement by providing it in response to answers to questions. |
| Proposals are due no later than Friday, January 13, 2023 at 4:30p.m. ET. |
| What is the date by which you will answer these questions? |
| The Department’s responses, along with the questions, will be posted to the Contract Opportunities website, https://sam.gov/content/opportunities |
| Are bidders permitted to deviate in any way from any manner of quoting fees you may be expecting? For example, if there is a pricing page in the RFP, can bidders submit an alternate fee structure? If there is no pricing page in the RFP, do you have any preference for how bidders should quote fees or can bidders create their own pricing categories? |
| Offerors shall not deviate from the requirements of the solicitation. |
All offerors must insert the fixed unit rates for the specified line items utilizing the file entitled “Price Proposal Template” associated with this solicitation.
| Please describe your level of satisfaction with your current or recent vendor(s) for the same purchasing activity, if applicable. |
| The Department is satisfied with the contractor’s performance on the current contracts. |
| Has the current contract gone full term? |
| Yes. |
| Have all options to extend the current contract been exercised? |
| Yes. |
| Who is the incumbent, and how long has the incumbent been providing the requested services? |
| The incumbent contractors are KML Law Group PC and Martone & Uhlmann Professional Corporation. |
The incumbent contractors have been providing private counsel debt collection services under their respective contract since 2017.
| How are fees currently being billed by any incumbent(s), by category, and at what rates? |
| All incumbent contractors use the same pricing model provided within the solicitation, and their rates cannot be disclosed. |
| What estimated or actual dollars were paid last year, last month, or last quarter to any incumbent(s)? |
| This information is not readily available. |
| To how many vendors are you seeking to award a contract? |
| The Department anticipates award of two (2) contracts as a result of this solicitation and competition. |
| To what extent are these accounts owed by private consumers versus commercial businesses? |
| The majority of these accounts are private consumers whose debts arise out of federal loan programs. |
| What is the average age of accounts at placement (at time of award and/or on a going-forward basis), by category? |
| Please refer to the Cover Letter included within the solicitation’s posting on the Contract Opportunities website, https://sam.gov/content/opportunities. The Cover Letter includes the caseload information. |
| What is the monthly or quarterly dollar value of accounts expected to be placed with the vendor(s) by category? |
| The Cover Letter includes the caseload information. We cannot predict the volume of intake of additional accounts to the existing caseload. |
| What has been the historical rate of return or liquidation rate provided by any incumbent(s), and/or what is anticipated or expected as a result of this procurement? |
| We do not track the rate of return or liquidation rates on these accounts. The Cover Letter includes the current caseload information. We cannot predict future rates for these accounts. |
| What billing servicer do you utilize? |
| Contractors utilize the Department’s Consolidated Debt Collection System (CDCS) and the Unified Financial Management System (UFMS) to invoice and receive payment for their services on these accounts. |
| Have all cases been fully adjudicated by the time of placement? |
| No, most unsecured and secured debt accounts will require litigation to obtain judgment and liens or foreclosure. |
| If applicable, will accounts held by any incumbent(s) or any backlog be moved to any new vendor(s) as a one-time placement at contract start up? |
| Yes, debt accounts will be transitioned to a new vendor if any incumbents are determined to be unsuccessful offerors. |
| What is your case management/accounting software system of record? |
| Contractors utilize the Department’s Consolidated Debt Collection System (CDCS) to manage the cases and the Unified Financial Management System (UFMS) to invoice and receive payment for their services on these accounts. |
| Who is your electronic payment/credit card processing vendor? |
| For incoming electronic payments from debt accounts Pay.gov is utilized. |
| What process should a vendor follow, or which individual(s) should a vendor contact, to discuss budget-neutral services outside of the scope of this procurement, but related to it, designed to recover more debt prior to outside placement and lower collection costs? |
| For any collection activities related to assigned cases, the vendor should consult the Private Counsel Program Manager/ Contract Officer Representative and/or the respective Assistant United States Attorney for the judicial district in which the debt is being collected. |
| How do your current processes and/or vendor relationship(s) systematically determine if the death of a responsible party has occurred? |
| Vendors assigned open and active collection cases are expected to have processes in place which make them aware of the debt’s collectability and the debtor’s whereabouts. In the event of the death of a debtor the awarded contract provides guidance to the vendor on next steps depending upon the nature of the debt. |
| How do your current processes and/or vendor relationship(s) handle the death of a responsible party? |
| The answer depends upon the nature of the debt in question. Certain debts absolve the debtor of the debt at the time of death (i.e. student loan), whereas other debts initiate the collection process at the death of the debtor (i.e., Home Equity Conversion Mortgage). The awarded contract provides guidance for unsecured debts whereas the proper action for secured debts will have multiple dependencies. |
| Do you have a designated process or policies around deceased accounts today, and what is envisioned in the future? |
| Yes, the Department has specific guidance on the litigation and collection of a debt at the death of a debtor depending upon the nature of the debt. |
| Do you currently search and file probated estate claims? Have you considered an automated tool to identify and file probated estate claims? |
| This would depend upon the nature of the debt being collected. Currently, we have not experienced this situation in any volume across the Program which requires research into an automated tool. |
| Can you please indicate what inbound and outbound contact methods, beyond phone calls or letters (such as email and text), would be permitted by the scope of work? |
| All contractors must work in strict compliance with the Fair Debt Collection Practices Act (FDCPA) which provides guidance on how communications in debt collection must be conducted with consumers. Only communications done within the scope of the FDCPA are permissible. |
| Can you provide the current/past award notice information? |
| Currently, there are two contracts awarded to the following firms: |
Contract Number 15JPSS18CPZM00001 with KML Law Group PC --and-- Contract Number 15JPSS18CPZM00002 with Martone & Uhlmann Professional Corporation Both contracts are anticipated to expire on February 28, 2023.
Other procurement information can be found in the Federal Procurement Data System – Next Generation at https://www.fpds.gov/.
