Q&A_4_17_2017.pdf

Q&A (4-17-2017) Solicitation AG-31ME-S-17-0003 Foreclosure Legal Services for State of Maryland

1. Regarding FAR Clause 52.219-14, Limitations on Subcontracting, is it acceptable to the USDA if a proposed subcontractor performs more than 50% of the work as long as they are also a small business for this procurement set aside for small business? Meaning, would it be acceptable for our firm, as the prime, to expend less than 50 percent of the cost of contract performance incurred for personnel who are employees of our firm who will be the prime contractor? We ask this based on the recent changes regarding similarly situated firms teaming to bid on a procurement such as this one.

Please refer to the current FAR Clause 52.219-14, Limitations on Subcontracting (Jan 2017) which states, in part:

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

2. On page 11 of the Request for Quotation, Section B.3.2, it states that the maximum amount for the contract, including the 4 option years is $400,000.00 Was this amount intended to be $4,000,000.00? Based on other information in the RFQ, such as the maximum amount that the winning contractor can expend on any particular case without prior authorization ($3,000.00) and the number of cases per year to be priced (267), then it appears that the maximum contract value may in fact be $4 million dollars for the 5 years of this contract vs. the $400,000.00 stated.

The maximum amount for the contract including option years is $400,000. As stated in Section B.5 of the solicitation, estimated quantities listed in this section are provided solely for evaluation purposes and should neither be considered a minimum or expectation of actual requirements. Not all cases will require all legal services.

3. On page 11 of the Request for Quotation Section B.4.2 states “…or for cumulative costs exceeding $3,000 for any one case…” but on page 21 of the RFQ, Section C.5 Description of Services to be Provided, subsection d.) Costs for Associated Services, the RFQ states “…or for cumulative costs exceeding $1,500 for any one case…” – please clarify which dollar figure is correct.

The cumulative cost of $1500 under Section C.5, (d) refers to Cost for the Associated Services listed.

4. Is the winning firm required to accept and perform all task orders provided by the USDA under this IDIQ contract? If not, under what conditions is it acceptable for the winning firm not to accept a particular task order?

The Contractor(s) will be required to provide all services as outlined in this solicitation and its amendments, and in the Performance Work Statement (PWS).

5. Is it the intent of the USDA to make a single or multiple awards at the IDIQ level for this contract?

Please see Section IV of the Solicitation.

6. Under Section C.5 on page 19, it says that when directed… the contractor shall seek a deficient judgement … and take immediate steps to enforce the judgment …in accordance with C.5.e. But C.5.e has been deleted – so do we price the foreclosure without considering costs for the judgement enforcement?

Yes.

7. Under Phase I in the bankruptcy section on page 20, it refers to: a possible objection to a plan, petition for a lift stay, or a request for abandonment. Is our cost for the Phase I work supposed to include a price for doing only one of these types of actions or more than 1 of these types of actions? Also, I know that in most bankruptcy cases, the lender asks counsel to attend the meeting of creditors and to monitor the bankruptcy case including reviewing all pleadings that are filed in the case. Should I include in my fee the time incurred in doing these tasks? They are not specifically itemized on page 20 so I am a bit confused.

Price should include what you would charge your typical customer for actions required in accordance with Maryland law and customary practices. If you need to price actions separately, then you may do so.

8. Under the same Phase I on page 20, there are costs that are incurred. I see that it says on page 21 that costs are reimbursable as detailed in the Solicitation. For a motion to lift the stay, a typical exhibit that is attached to the motion is an appraisal showing the value of the home.

Would this appraisal be a reimbursable cost?

The USDA will order appraisals, if needed.

Also, to remove personal property as part of an eviction, would costs incurred to remove that property be reimbursable?

Quote cost for eviction of occupants only.

9. Do the USDA loan documents provide that substitute trustees may be appointed and if so, do they allow for the payment of a commission to that trustee? This is common in Maryland.

No.

10. Many foreclosures stop and restart. For example, after a foreclosure sale is advertised, but before it goes to sale something happens that delays the foreclosure such as a bankruptcy or mediation (and through no fault of the contractor). If the foreclosure case then recommences, then many of the foreclosure papers and notices have to be redone. Normally there is are new costs that the attorney contractor passes on to the client for this since now it will cause the attorney to perform additional work. Also new title reports will need to be done. So my question is will the government pay addition fees to the attorney to redo and resend all notices and other documents?

Yes, if required.

Do I include this as an additional fee outside the flat fee rate?

No.