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RFP 15JPSS23R00000077, Private Counsel Debt Collection – Southern District of Florida 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 Thursday, August 31, 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 |
| When is the anticipated contract start date? |
| Friday, September 29, 2023 |
| When is the anticipated award date? |
| Monday, September 25, 2023 |
| 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. |
| 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 it will award up to three (3) 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 total dollar value of accounts available for placement now by category, including any backlog? |
| Please refer to the combined synopsis/solicitation notice. It includes the caseload information. |
| What is the total number of accounts available for placement now by category, including any backlog? |
| Please refer to the combined synopsis/solicitation notice. It includes the caseload information. |
| What is the average balance of accounts by category? |
| Please refer to the combined synopsis/solicitation notice. It includes the caseload information. |
| 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 combined synopsis/solicitation notice. It includes the caseload information. |
| What is the monthly or quarterly number of accounts expected to be placed with the vendor(s) by category? |
| Please refer to the combined synopsis/solicitation notice. It includes the caseload information. We cannot predict the volume of intake of additional accounts to the existing caseload. |
| What is the monthly or quarterly dollar value of accounts expected to be placed with the vendor(s) by category? |
| Please refer to the combined synopsis/solicitation notice. It 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 combined synopsis/solicitation notice includes the 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 foreclosures. The bulk of the existing secured debts (student loans, specifically) have judgments. Most future unsecured future referrals will require litigation to obtain judgments and liens. |
| 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/ Contracting 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 Private Counsel 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. |
| As noted throughout the solicitation, there are unsecured debts to be paid via a contingency fee arrangement. As such, do any of the unsecured debts include student loans? |
| Yes. |
| Does this requirement have an incumbent? And if so, who is the incumbent? |
| Yes, the incumbent contractors are Newman & Marquez PA and Becker & Poliakoff PA. |
According to the SOW Section 5.4, the Agency will: “as needed and as resources are available, the Government will pay the costs of training two (2) Contractor employees (or more at the Government’s discretion) to operate the CDCS…” However, this section also states that trainings will be available via virtually. Can the Agency explain how the Agency will pay contractors, i.e. is it based on the firm-fixed price hourly rate for the attorneys?
The Department will pay for transportation, lodging, and meals and incidental expenses at the government-allowed rate, per GSA.
| According to the SOW Section 5.3, the Agency requires certain equipment standards; will the Agency provide any equipment to contractors? If not, will the Agency reimburse the contractors for equipment requirements to perform the contract? |
| Most contractors can access the systems required by contract. The Department furnishes each adjudicated person an RSA SecurID token to access the system. If persistent issues arise, the Department, on an exception basis, will provide equipment. The Department will not reimburse contractors for equipment. |
Does the Agency have any backlog cases? If so, how many cases are backlogged?
No, there is not a backlog of cases. All cases are either assigned to Private Counsel or the USAO.
How many cases does the Agency have in active litigation wherein the Agency AUSA would transfer cases to the private counsel IAW SOW?
The total caseload available at award will be distributed to the awarded contractors according to the USAO’s and program office’s direction.
How many cases does the Agency have with the incumbent?
Please refer to the combined synopsis/solicitation notice. The notice includes the caseload information.
What percentage of the total files in this program are unsecured?
Please refer to the combined synopsis/solicitation notice. The notice includes the caseload information.
How many files/cases involve foreclosures?
Please refer to the combined synopsis/solicitation notice. The notice includes the caseload information.
How many files/cases involve bankruptcies? Does the Agency know what chapter bankruptcies the files involve?
Please refer to the combined synopsis/solicitation notice. The notice includes the caseload information.
How does the Agency define: “miscellaneous ancillary activities”?
This term is defined in the attached Contract Line Item Number Descriptions for attorney hourly and paralegal/legal assistant firm-fixed hourly rates.
Once invoices are submitted, as to the secured debts, how long is it for DOJ to process and make payment to private counsel?
The Department has 30 days from accepting the invoice to make payment to Private Counsel.
