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RFP 15JPSS24R00000012, Private Counsel Debt Collection – Middle 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 Monday, February 19, 2024 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 award date? |
| 3QFY2024 |
| 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. |
| 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? |
| There were three firms at the start of this past contract term: Kelly Kronenberg, P.A., Marcadis Singer P.A, and Patrick A. Carey, PA. They were providing services since 2018. Currently, there are two firms operating in this district as Private Counsel: Kelley Kronenberg, P.A. and Law Offices of Robert A. Schuerger Co., LPA. |
| How are fees currently being billed by any incumbent(s), by category, and at what rates? |
| The incumbent contractor uses 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 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 collection attempts are performed or will be performed internally prior to placement? |
| Federal agencies exhaust their own collection protocol, including referral to the Treasury Fiscal Bureau prior to referring a case to the DOJ Nationwide Central Intake Facility (NCIF). The DOJ NCIF sends a demand letter to each debtor as the cases are assigned to a DOJ Private Counsel for litigation and collection. |
| 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 unsecured 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. |
| Is this a brand new contract or if there is (was) an incumbent performing these services. |
| The incumbents are Kelley Kronenberg, P.A. under a contract and Law Offices of Robert A. Schuerger Co., LPA under a task order. |
| If not brand new, could you please provide the current / previous contract number? |
| Contract 15JPSS18CPZM00006 w/ Kelley Kronenberg, P.A and Task Order |
15JPSS23F00000042 w/ Law Offices of Robert A. Schuerger Co., LPA.
