Amendment 003 Q As.pdf

Amendment No. 003 to Solicitation No. DJJB‐11‐RFP‐0727 Private Counsel Debt Collection – Florida, Southern District

The purpose of this Amendment is to provide answers to questions submitted in response to subject solicitation.

# RFP

Reference Question Answer

1 Standard Form

What is required on this form? Offerors must acknowledge amendments in block 14 by amendment number and date and complete blocks 15 through 18, inserting the DUNS number in block 15.

2 B & Proposal Template

Please confirm that you are asking for one price for all five years of the contract instead of separate prices for each contract term.

The Government is asking for prices to represent the entire term of the contract, including options, as indicated in Section B.3. Prices will not be permitted to vary per year/term.

3 C In the foreclosure section of the RFP there is a prorating chart which helps the contractor with quoting a flat fee. Can any similar guidance be provided for the bankruptcy section? (i.e. Several entirely different types of legal motions / requests for relief are listed in CLIN 0003 to be included in flat fee however I am assuming any given case may require only 1 of those tasks OR could require several OR could require 1 of the listed tasks that is particularly more involved then the other (e.g. motion to terminate automatic stay vs. requesting abandonment). The instructions state that ALL of the listed legal work must be captured in the flat fee. Therefore, would it be fair to assume, in the absence of a prorating chart, that the quote should be calculated as if All the listed tasks are being performed for the case?

Yes.

4 C If a referred case is the type in which reasonable attorney fees are to be paid by the debtor (whether secured debt/flat fee case or unsecured debt/contingency fee case) and the Court or otherwise awards a reasonable attorney fee that is higher than what the contractor was actually paid by Government...is there anything restricting the contractor from being entitled to the surplus?

All unsecured debts collected must be turned over to the Government. From the value of each collection, the contractor will be reimbursed an amount due based on the contractually established contingency fee.

Reference

Question Answer

5 G.5 In cases in which the contractor is to receive a flat fee…is the contractor able to submit the invoice upon receipt of the case or must they wait until some other stage of the case?

The flat rate is paid upon completion of the litigation.

6 J.2 In the bankruptcy section (CLIN 0003), please describe what would be involved when you refer to a “decision”.

By “decision”, we mean that basic actions of the bankruptcy process have been performed and the Judge decides there must be a hearing. After obtaining authorization from the USAO, Private Counsel would continue to handle the matter on an hourly rate basis to prepare for the hearing.

7 J.2 For the contingency fee % for unsecured debt (CLIN 0001) please confirm:

a.) whether or not we can differentiate based on the stage of the case when the funds are collected. (e.g. A lower % for pre-lawsuit recovery, a different % for recovery during litigation, and higher % for post judgment recovery, etc.] b.) whether or not we can differentiate based on the amount of the debt/ recovery. [e.g. a lower % for a high value recovery.

(differentiating based on amount and stage could certainly serve to the Gov’t’s advantage)]

For (a) and (b): No, the proposed contingency fee is for all stages of litigation.

8 L.3(b) Must Certificates of Admissions and Certificates of Good Standings be submitted with the proposal or can they be submitted after?

See Section L.3(b), wherein it states that proof of admission must be furnished with your proposal. If admission is pending, the Government will accept in lieu of an actual admission a copy of a written, dated request for admission, but such a request must be dated prior to the RFP closing date.

9 L.4(d) Can past performance questionnaires be submitted from districts where I have current contracts?

Yes. The COTR assigned to those contracts would be your client reference in this scenario.

10 Miscellaneous Is there a period of time in which a proposal/bid can be withdrawn by the submitting contractor or a period of time in which a contractor can reject an award?

Pursuant to Federal Acquisition Regulation 15.208(e), proposals may be withdrawn by written notice at any time before award. An offeror must withdraw its proposal in order to reject an award.

Once an award is signed, all parties are contractually bound to its terms and conditions.

Reference

Question Answer

11 Miscellaneous What office does the “Contracting Officer’s Technical Representative come from...the local U.S. Attorney office? Is this the same as “Government technical personnel”?

For this acquisition, the COTR is anticipated to be a member of the Debt Collection Management Staff.

“Government technical personnel”, as it appears in Section L.4, means any Government official who is not the Contracting Officer, e.g., a member of the U.S. Attorneys Office or the Debt Collection Management Staff.