Draft RFP Questions and Answers.pdf

# Draft RFP Section Draft RFP

Sub-Section/Clause /Provision

Page Number Subject/Title Industry Comment/Question USDA Response

Standard Form 1449

4 "Only those labor categories (LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract." If we think the Government needs less or more labor categories (LCATs) based on our experience and the market, would the Government be open to us proposing other labor categories?

No, additional labor categories will not be considered during the evaluation.

Instructions

36 Cross Referencing "The use of hyperlinks in proposal is prohibited." Does this restriction also apply hyperlinks within a proposal document file? For example, hyperlinks within the table of contents.

Yes, DRFP SECTION VI-INSTRUCTIONS TO OFFERORS, 2. SUBMISSION OF PROPOSAL (e) will be updated to include: "The use of all hyperlinks in the proposal are prohibited."

Instructions

Factor 1 Technical Knowledge, Subfactor 1.1 Program Management Plan

38 Staffing Matrix "The Offeror must provide a staffing matrix that list proposed labor categories and skill levels aligned to the offerors proposed approach and demonstrates the Offeror's understanding of the requirements. For each category proposed the Offeror must provide required years of experience to include and certifications for the proposed categories"

Is the scope of the staffing matrix the project management team only or are offerors expected to provide a comprehensive staffing matrix that aligns to the entire scope of work represented in tabs TO1 Pricing, STOA Pricing, and STOB Pricing? Also, please clarify whether staffing matrix should be organized at the SLIN level. Finally, how offerors should represent staffing for CLIN 6AA and CLIN14AA since USDA has provided a notional staffing of 1 hour for each labor category.

The requested staffing matrix should be comprehensive and align with the Offeror's approach. DRFP SECTION VI-INSTRUCTIONS TO OFFERORS, FACTOR 1: TECHNICAL KNOWLEDGE, Subfactor 1.1: Program Management Plan (PMP), 2. Staffing Matrix will be revised as follows: "The Offeror must provide a comprehensive staffing matrix..." The Offeror has discretion on the organization of the staffing matrix.

Instructions

Subfactor 2.2 41 Transition Plans Does the Government want the Contractor to provide a timeline for transition-out activities? Yes, DRFP SECTION VI-INSTRUCTIONS TO OFFERORS, FACTOR 2 TECHNICAL CAPABILITY, Subfactor 2.2 Transition Plans will be revised to include a timeline.

Instructions

40 Management, Tracking, and Cost Control under T&M CLINs

"The Offeror must provide an approach to contested foreclosure and ad hoc services." Could the Government please clarify what the ad hoc services are?

DRFP SECTION VI-INSTRUCTIONS TO OFFERORS, FACTOR 1: TECHNICAL

KNOWLEDGE, Subfactor 1.1: Program Management Plan (PMP), 9. Management Tracking, and Cost Control under T&M CLINs will be revised to remove "ad hoc services."

6 Instructions 35 2. Submission of Proposal (a) Do you want the Price volume vs the Tech volume to be labeled differently in the email subject line? No

Instructions

42 Subfactor 2.2 Transition Plans Transition in: 2. Its not clear what is meant by this first few sentences. What ' packages' are the government referring to and what is the connection to the 'attorneys'? Add more words/context to fully explain the government's thoughts.

Within 30 days after contract award, the Contractor will be required to submit Attachment 06 Attorney Approval Request Template, for USDA General Counsel approval. The DRFP PWS will be revised to include this requirement.

Volume III, Price

Factor 4: Price 48 IDIQ Time and Materials Labor Rates

"The T&M labor rates as proposed in the CLIN 0006AA and 0014AA tabs shall be extrapolated into a T&M table. The resulting T&M tables will be incorporated into each successful Offerors basic contract and contractually binding NTE maximum rates should Offeror be awarded a contract". We are not clear where these tables should be placed. The instructions on p.46 state, "The Offeror must not alter, modify, or change, in any way, the attached price schedules except to insert prices/rates where directed". Should the extrapolated tables be placed in the cost volume narrative?

The instructions have been clarified to state that USDA will perform this extrapolation once the apparently sucessful offeror(s) have been determined. Offerors are not required to perform this extrapolation.

Volume III, Price

Factor 4: Price 49 Sample Task Orders "The Government has Provided Plug Not to Exceed (NTE) prices by performance period for the T&M Labor CLINs 0006AA & 0014AA and T&M Materials CLINs 0006AB & 0014AB." Should offerors assume these plug figures for 0006AB and 0014AB T&M Materials are already burdened or should offerors apply their burden to these plug figures?

Offerors shall assume the plug figures are already burdened. The plug figures must not be altered.

10 Performance Work Statement

3.2 4 Background/Foreclosure USDA RD requires unencumbered title to the property by foreclosure or other acquisition methods e.g., deed-in-lieu, short sale;

however, the pricing worksheet in Attachment E does not provide for any pricing related to deed-in-lieu or short sale. Will the selected vendors be performing deed-in-lieu or short sales and have opportunity to provide service pricing?

USDA will coordinate short sales and deed-in-lieus with the vendor on a case by case basis.

Performance Work Statement

5 5 Constraints & Applicable Documents Firms providing foreclosure and related legal services are required to comply with all Consumer Financial Protection Bureau (CFPB) regulations. The PWS refers to USDA handbooks but not specifically to CFPB. During the Industry Day, USDA noted a case in Indiana that confirms USDA is not subject to CFPB. Will firms representing USDA be required to comply with all CFPB regulations, or can USDA cite which aspects of CFPB do not apply to performance of this scope of services.

Thank you for the question. The USDA will take it into consideration.

Performance Work Statement

5 5 Constraints & Applicable Documents According to the USDA resources cited with the link in this section, § 1927.54 Requirements for closing agents - "State Offices are directed to require title insurance for all loan closings unless the agency determines that the use of title insurance is not available or is economically not feasible for the type of loan involved or the area of the state where the loan will be closed." Are there any circumstances currently for which as part of underwriting the single family direct loans for which no title insurance policy is issued? If so, how many loans in the USDA portfolio do not have title insurance?

Thank you for the question. The USDA will take it into consideration.

13 Performance Work Statement

6.2 6 Transition Services During the transition in or thereafter, does USDA anticipate assigning any files transferred from other contracted outside counsel? No, not at this time.

14 Performance Work Statement

6.9.1 11 Disposition Services Will the vendor be engaged in the sale of any tenant-occupied properties? The Contractor will process evictions to evict squatter/previous borrower from the home.

15 Performance Work Statement

6.9.1 11 Disposition Services At what point does USDA engage the broker to sell the property? After the Foreclosure Deed has been recorded and property secured.

16 Performance Work Statement

6.1 12-13 Program Management In order to effectively implement the program management described in this section for a nationwide contract that will require subcontracting, how will a master servicer fee/management be included?

All services are encompassed in the Firm Fixed Price.

17 Performance Work Statement

8 15-Jan Quality Control and Assurance Will the contractor be eligible to invoice a QCD fee? All services are encompassed in the Firm Fixed Price.

18 Attachment E - Draft IDIQ TEP Workbook

Contested Foreclosure Services Lines 63 - 119 Pricing Contested foreclosures are billed on a hourly fee based on the hours required. Is the hourly fee what is expected to be completed on the worksheet under contested foreclosures? Please provide clarity in the RFP pricing worksheets on whether units are fixed fee, hourly, or other type of unit measure.

The Firm Fixed Price for a contested foreclosure includes all contested foreclosure-related services per DRFP PWS 6.3.2.

Source Selection Information – See FAR 2.101 and 3.104

Draft RFP

Sub-Section/Clause /Provision

Page Number Subject/Title Industry Comment/Question USDA Response

19 Attachment E - Draft IDIQ TEP Workbook

Property Preservation Maintenance Services Lines 183 - 233 Pricing Is this a fee for managing the services required for property preservation and any costs required are handled separately? All services are encompassed in the Firm Fixed Price.

20 Attachment E - Draft IDIQ TEP Workbook

REO Disposition Lines 605-661 Pricing Is this a fee for managing REO disposition and all costs including commissions are paid separately? All services are encompassed in the Firm Fixed Price.

21 Attachment E - Draft IDIQ TEP Workbook

REO Property Preservation Lines 725-782 Pricing Is this a fee for managing the services required for property preservation and any costs required are handled separately? All services are encompassed in the Firm Fixed Price.

22 Attachment E - Draft IDIQ TEP Workbook

T&M Table Pricing There is a FCL Over and Above and an REO Over and above. Should there be a bankruptcy Over and Above for contested bankruptcy cases?

No

23 Attachment E - Draft IDIQ TEP Workbook

TEP Table All Pricing Will there be separate pricing tables for CLIN's besides those provided for CLIN's 6AA and 14? No

24 Factor 4 - Price Sample Task Orders 48 When will STOA or STOB Pricing be implemented? Is there a different calculation for these compared to the fees included on the IDIQ CLIN Pricing worksheet?

All Task Orders issued with cases will follow the Base IDIQ CLIN structure as provided in the DRFP Attachment E, DRAFT IDIQ TEP Workbook.

25 Factor 4 - Price IDIQ CLIN Pricing 54 Workbook instructions Will any additional instructions be provided to assist in preparation of the bid? Thank you for the question. The USDA will take it into consideration.

NDMS Draft RFP SolicitationContract/Order 1-7 IDIQ Task Orders USDA anticipates awarding two or more IDIQ contracts. The answers to initial industry day questions indicate USDA requires bidders to have a national footprint. How does USDA anticipate assigning initial task orders between awarded bidders (i.e. - a proportion of each state/territory)?

Yes, by national footprint, the awardees will be assigned cases in every state.

27 NDMS Draft RFP SolicitationContract/Order 1-7 IDIQ Task Orders Once USDA has awarded NDMS contracts, will state by state law firm contracts for USDA be canceled? The USDA does not anticipate cancelling current contracts.

NDMS Draft RFP

7E 11 Invoice Schedule USDA's invoice schedule for both uncontested and contested foreclosure is at end of the whole process when government has receipt of an unencumbered title. Foreclosure invoicing standard practice provides periodic payments upon reaching legal milestones due to the long period in the foreclosure cycle. For example, Fannie Mae's milestone invoicing for Non-Judicial Foreclosure follows:

* 30% - Referral received and title ordered

* 85% - Notice of Default (or other first legal document) submitted for recording, and positing or publication initated

* 100% - Foreclosure sale complete, post-sale ratification/confirmation complete, and foreclosure deed recorded Is USDA open to offering milestone billing for foreclosure services?

This is a Firm-Fixed-Price and will be invoiced once the full deliverable is received.

29 NDMS Draft RFP SF-1449 1 RFP Draft Cover SF-1449 Since this is unrestricted, the contract performance rule 13 CFR 125.6 does not apply even if awarded to a small business concern.

Please confirm.

This procurement is unrestricted and does not have partial or full set-aside.

30 Will the government entertain an oversight management fee to administer the services? No, all services are encompassed in the Firm Fixed Price 31 Previous solicitation itemized property Preservation sub-tasks (e.g. individual work orders) whereas the draft RFP indicates a fixed price for preservation services. Can USDA provide rationale behind this change?

The requested information is considered to be Source Selection Information.

32 What changes are anticipated in the RFP Process that will allow the contract(s) to be awarded this time? Changes are included in the DRFP.

6.1 IDIQ Implementation

Reference: "It is anticipated that meetings will be virtual, however if in-person meetings are required travel will be authorized under the Travel CLIN.

6 Travel CLIN Within the draft RFP package, the pricing attachment "Attachment E - DRAFT IDIQ TEP Workbook.xlsx" does not reference a travel CLIN. Is this something that will be added to the final?

No, all services are encompassed in the Firm Fixed Price.

34 6.3 Foreclosure Services General 7 Withdrawal Will USDA withdraw any FCL cases once they have been assigned? If so, will USDA include a pricing component for partial services completed?

A withdraw of an assigned FCL is not anticpated.

35 6.3.1 Uncontested Foreclosure Services &

6.3.2 Contested

Foreclosure Services

Reference: "Attending the foreclosure sale, when required. "

7-8 Foreclosure Sale Attendance Can USDA provide more clarification to this expectation and purpose to attend the sale? Foreclosure sales should be held in accordance with all state and local foreclosure laws and requirements.

6.3.3 Property Preservation

Maintenance Services (Unoccupied)

Reference: "The Contractor shall provide initial and recurring maintenance services to preserve and maintain the exterior of the property for minimal depreciation of value for custodial unoccupied properties."

8-9 Initial and Recurring Property Preservation Maintenance Services

This statement is confusing, it references only exterior preservation maintenance for unoccupied (e.g. vacant) properties but the bullet list of scoped services for initial and recurring maintenance include services that may require interior access. (e.g. winterization, dewinterization, cover electrical or outlet panels, animal removal, lock change, gaining access, moisture damage prevention, etc). Can USDA provide details as to why interior services are included within this list for exterior maintenance only?

The DRFP Attachment 11 Performance Work Statement, 6.3.3 Property Preservation Maintenance Services (Unoccupied) will be revised to remove "the exterior of".

6.3.3 Property Preservation

Maintenance Services (Unoccupied)

Reference: "The Contractor shall provide initial and recurring maintenance services to preserve and maintain the exterior of the property for minimal depreciation of value for custodial unoccupied properties."

8-9 Length of service Does USDA require this service continue until ratification or confirmation of the foreclosure has been received if the property is not sold to a third party?

Yes

6.3.3 Property Preservation

Maintenance Services (Unoccupied)

Reference: "The Contractor shall provide initial and recurring maintenance services to preserve and maintain the exterior of the property for minimal depreciation of value for custodial unoccupied properties."

8-9 Initial and Recurring Services Previous solicitation itemized property preservation sub-tasks (e.g. individual work orders) whereas the draft RFP indicates a fixed price for preservation services (CLIN0004) . Can USDA provide rationale behind this change?

The requested information is considered to be Source Selection Information.

Draft RFP

Sub-Section/Clause /Provision

Page Number Subject/Title Industry Comment/Question USDA Response

6.3.3 Property Preservation

Maintenance Services (Unoccupied)

Reference: "The Contractor shall provide initial and recurring maintenance services to preserve and maintain the exterior of the property for minimal depreciation of value for custodial unoccupied properties."

8-9 Initial and Recurring Services Within the draft RFP package, the pricing attachment "Attachment E - DRAFT IDIQ TEP Workbook.xlsx", CLIN 0004 is associated with Property Preservation Maintenance Services (Unoccupied) as a fixed price per state. Will USDA consider breaking this up between initial and recurring services?

No, not at this time.

6.3.4 Appraisal and

Valuation Services

Reference: "If the property is secured with a lockbox and vacant, the Contractor will perform an interior inspection and complete an “Interior Full Market Value Appraisal.” If the property is occupied, the Contractor may provide an “Exterior Only Appraisal”."

9 Appraisal Type Given that this is under the foreclosure services section, does USDA mean to obtain a liquidation appraisal and not a Interior Full Market Value Appraisal or Exterior Only Appraisal?

In accordance with Agency handbooks, as referenced in the Draft PWS Section 4. Scope, a Market value appraisal is required.

6.3.4 Appraisal and

Valuation Services

Reference: "If the property is secured with a lockbox and vacant, the Contractor will perform an interior inspection and complete an “Interior Full Market Value Appraisal.” If the property is occupied, the Contractor may provide an “Exterior Only Appraisal”."

9 Remittance of Foreclosure Appraisal Valuation

Within the RFP package document labeled "NDMS Draft RFP.pdf", section 7.e Invoice Schedule, USDA indicates that remittance of CLIN 0005 Appraisal or Valuation is "Invoiced Upon Government's Receipt of Unencumbered Title". Will USDA consider remittance of a foreclosure appraisal valuation with different terms (e.g. Net 30) considered how long the foreclosure process may be to recover this expense?

This is a Firm-Fixed-Price and will be invoiced once the full deliverable is received.

6.3.4 Appraisal and

Valuation Services

Reference: "If the property is secured with a lockbox and vacant, the Contractor will perform an interior inspection and complete an “Interior Full Market Value Appraisal.” If the property is occupied, the Contractor may provide an “Exterior Only Appraisal”."

9 Types of Appraisals Previous solcitation provided pricing breakdown by type of appraisal (e.g. Fannie Mae 1004 / Single Family Residential, Manufactured/Condominium Housing, 2055 Exterior Appraisal, Land/Lot Only Appraisal). Given the varying cost nature of these types of appraisals, will USDA consider revising the pricing expectation to provide a breakout by appraisal type.

No, not at this time.

6.3.5 Foreclosure Over and

Above

The Contractor shall provide any additional services necessary to ensure foreclosure timelines are maintained and actions completed to ensure USDA RD receives and unencumbered title for the properties assigned in each applicable TO.

Examples of Over and Above Services include, but are not limited to the following:

Removal of Liens, Payment of Code Violations, Payment of past-due taxes, Payment of HOA fees, Tree Removal, Property Preservation immediate needs, Removal of animals (36 lbs. and above), Mold/Mildew Inspection/Remediation/Abatement, Water Well Inspection/Septic, Storm Damage/Debris Demolition

9 Mixed Services The list of services within the example are mixed with some being legal services while others are preservation maintenance or inspection services. The pricing document for this CLIN (0006AA) is based on government calculation of only legal services which does not necessary align to the expectation of this section. Will USDA consider revising the pricing expectation to separate Over and Above services between legal and preservation/inspection services?

No, not at this time.

6.3.5 Foreclosure Over and

Above

The Contractor shall provide any additional services necessary to ensure foreclosure timelines are maintained and actions completed to ensure USDA RD receives and unencumbered title for the properties assigned in each applicable TO.

Examples of Over and Above Services include, but are not limited to the following:

Removal of Liens, Payment of Code Violations, Payment of past-due taxes, Payment of HOA fees, Tree Removal, Property Preservation immediate needs, Removal of animals (36 lbs. and above), Mold/Mildew Inspection/Remediation/Abatement, Water Well Inspection/Septic, Storm Damage/Debris Demolition

9 HOA & Tax Obligation In USDA Direct Loans, how are taxes, insurance and HOA assessment paid? Are these escrowed in USDA Direct Loans? Taxes and insurance will be paide throughout the foreclosure process by USDA. HOA assessments will be paid by the Contractor. HOA assessments are not escrowed.

Draft RFP

Sub-Section/Clause /Provision

Page Number Subject/Title Industry Comment/Question USDA Response

6.3.5 Foreclosure Over and

Above

The Contractor shall provide any additional services necessary to ensure foreclosure timelines are maintained and actions completed to ensure USDA RD receives and unencumbered title for the properties assigned in each applicable TO.

Examples of Over and Above Services include, but are not limited to the following:

Removal of Liens, Payment of Code Violations, Payment of past-due taxes, Payment of HOA fees, Tree Removal, Property Preservation immediate needs, Removal of animals (36 lbs. and above), Mold/Mildew Inspection/Remediation/Abatement, Water Well Inspection/Septic, Storm Damage/Debris Demolition

9 Process Expectation Does USDA expect these services to be bid or priced individually and seek approval before the services can be rendered? Approval is required for Over and Above work. Please see DRFP Section III-Special Contract Requirements, 1. Over and Above Work.

6.8 Eviction Services

Reference: "Evictions may be required at any point after the completion of the foreclosure or during the REO sale. "

10 Foreclosure Sale Completion Given that some states will require a confirmation or ratification period after the foreclosure sale, will USDA clarify the expectation of Eviction Services to be in compliant with state confirmation/ratification periods for the initiation of eviction services?

The Contractor must follow all state and local requirements.

47 6.9 REO Services General 10 Withdrawal Will USDA withdraw any REO once they have been assigned? If so, will USDA include a pricing component for partial services completed?

A withdraw of an assigned REO is not anticpated.

6.9.1 REO Disposition

Services

Reference: The Contractor shall provide services for the disposal of REO properties for the entire servicing area consistent with 7 CFR 3550.251(c)(1). Addressing the Agency specific guidelines covering the disposal of REO Property discussed in HB-1-3550-Disposing of REO Property – Chapter 16.

Examples of REO Disposition Services include, but are not limited to the following:

Listing REO properties, Marketing REO properties, Sale of the REO Properties, Closing and Post Closing for the REO properties

11 Other REO Services Can USDA provide more clarification if the Contractor is expected to manage tax, HOA, Vacant Property Registration/Deregistration, Hazard Claims or other ancillary services while managing the property for disposition? If not, who will manage these actions during the REO Program?

Yes, the Contractor will be expected to manage these services during the REO process.

6.9.1 REO Disposition

Services

General 11 REO Disposition Payment In NDMS Draft RFP section 7.3 Invoice Schedule, USDA references the Contractor/Vendor will receive payment at close, however the Pricing worksheet CLIN 0011 indicates a fixed unit price by state. Can USDA provide clarification if the REO Disposition is expected to be a management fee or a percent of sale? Previous solictiation had a pricing breakdown of percent of sale as well as a national minimum fixed fee.

REO disposition is to be proposed as a single Firm-Fixed-Price per state.

50 6.9.1 REO Disposition Services

Reference: "Sale of the REO Properties" and "Closing and Post Closing for the REO properties "

11 Signing Authority Will USDA grant Contractor delegated signing authority for contracts, moveout agreement, settlement statements and conveyance deeds for closing?

Yes, USDA will delegate the authority to the Contractors.

6.9.2 Appraisal Services

Reference: "If a new appraisal is required at no fault to the Contractor, it is the Contractor’s responsibility to obtain any addition appraisals.:

11 No Fault Clarification Can USDA provide clarification on what "no fault to the Contractor" means? An example of "no fault to the Contractor" would be due to natural disaster.

6.9.2 Appraisal Services

Reference: "If the property is occupied, the Contractor may provide an “Exterior Only Appraisal”.

11 Exterior Only Appraisal Appraisals are not typically obtained during an occupancy. Can USDA provide clarity as to why an exterior only appraisal is requested?

Is the government indicating the contractor should market a property as occupied since valuation is a critical milestone before a property is presented on market.

Please refer to the USDA Handbook -3550 Chapter 16 for property valuation requirements.

6.9.2 Appraisal Services

Reference: "The Contractor shall complete appraisals on each identified property utilizing a licensed or certified appraiser. The Contractor shall ensure appraisals are maintained and no older than 12 months."

11 Remittance of Foreclosure Appraisal Valuation

Within the RFP package document labeled "NDMS Draft RFP.pdf", section 7.e Invoice Schedule, USDA indicates that remittance of CLIN 0012 REO Appraisal is "Invoiced upon Government's Receipt of all sales proceeds and a closing statement". Will USDA consider remittance of a REO appraisal valuation with different terms (e.g. Net 30) considered how long the REO process may be to recover this expense?

This is a Firm-Fixed-Price and will be invoiced once the full deliverable is received.

6.9.2 Appraisal Services

Reference: "The Contractor shall complete appraisals on each identified property utilizing a licensed or certified appraiser. The Contractor shall ensure appraisals are maintained and no older than 12 months."

11 Types of Appraisals Previous solcitation provided pricing breakdown by type of appraisal (e.g. Fannie Mae 1004 / Single Family Residential, Manufactured/Condominium Housing, 2055 Exterior Appraisal, Land/Lot Only Appraisal). Given the varying cost nature of these types of appraisals, will USDA consider revising the pricing expectation to provide a breakout by appraisal type.

No

55 6.9.3 Property Preservation Maintenance Services

Reference: "The Contractor shall perform recurring maintenance services. "

11 Initial and Recurring Services Within the draft RFP package, the pricing attachment "Attachment E - DRAFT IDIQ TEP Workbook.xlsx", CLIN 0013 is associated with REO Property Preservation as a fixed price per state. Will USDA consider breaking this up between initial and recurring services?

REO Property Preservation is to be proposed as a single Firm Fixed Price per state.

56 6.9.3 Property Preservation Maintenance Services

Reference: "The Contractor shall perform recurring maintenance services. "

11 Initial and Recurring Services The scope of servicing indicated in initial and some recurring are not feasible if the property is considered occupied. Can USDA separate the expectation between what services are considered for initial and recurring based on occupancy status?

Yes, DRFP Attachment 06, Performance Work Statement, Section 6.9.3 Property Preservation Management Services will be revised to specify unoccupied.

Draft RFP

Sub-Section/Clause /Provision

Page Number Subject/Title Industry Comment/Question USDA Response

57 6.9.3 Property Preservation Maintenance Services

Reference: "The Contractor shall perform recurring maintenance services. "

11 Initial and Recurring Services Previous solicitation itemized property preservation sub-tasks (e.g. individual work orders) whereas the draft RFP indicates a fixed price for preservation services (CLIN0013) . Can USDA provide rationale behind this change?

The requested information is considered to be Source Selection Information.

6.9.4 REO Over and Above

Reference: "In accordance with Over and Above clause in Section III of the contract, the Contractor shall provide any additional services necessary to ensure REO timelines are maintained, and actions completed to ensure a timely sale of the properties assigned in each applicable TO.

Examples of Over and Above Services include, but are not limited to the following: Replacement of sump-pump, Putting services in their name to maintain required utilities, Pool securing and maintenance, Removal of animals"

12 Over and Above Alignment to Pricing The list of services within the example are preservation maintenance or inspection services. The pricing document for this CLIN (0014AA) is based on government calculation of only legal services which does not necessary align to the expectation of this section.

Will USDA consider revising the pricing expectation to separate Over and Above services to preservation/inspection services?

No, not at this time.

6.10 Program Management

Services

Reference: "Providing real time financial status of all IDIQ TO’s "

13 Timing of Financials Can USDA provide clarification to this expectation? Financials on many of the IDIQ are delayed intentionally by USDA ( RFP package document labeled "NDMS Draft RFP.pdf", section 7.e Invoice Schedule) or vendor's billing requirements.

This is a Firm-Fixed-Price and will be invoiced once the full deliverable is received.

60 6.10 Program Management Services

Reference: "Providing authorized USDA RD personnel and systems with real time 24/7, secured internet, and direct connection access to all production data."

13 Direct Connection Can USDA provide clarification to this expectation of a direct connection? Yes, DRFP Attachment 06, Performance Work Statement, Section 6.10 Program Management Services will be revised to remove "direct connection".

6.10 Program Management

Services

Reference: "Providing the capability for USDA RD to create on demand, ad hoc reports, at a loan/property level and summary level for any data element captured by the Contractor for USDA RD."

13 Defined Reportable Data Can USDA confirm that its expectation of ANY data element is directly related to a final work product (e.g. maintenance/inspection, sale, foreclosure case update, etc. )? Will USDA consider a managed Data Dictionary or Data Warehouse schemas to determine reporting capabilities?.

Yes

7.0 Deliverables / Schedule

Reference is made to a delivery format within the Key Deliverables table as "Portal" (e.g. "Via Email to COR/Portal "

14 Delivery Format Can USDA provide clarification as to what is meant by the term "Portal"? USDA refered to "Portal" to describe access to a Contractor based system with required deliverables posted.

7.0 Deliverables / Schedule

Reference is made to a report as "Bid Report" described as "Agency Bid Reports to approve" for both Foreclosure and REO Case Files

14 Report Definition Can USDA provide clarification as to what is meant by "Bid" for this report? The description seems to elude to the fact that there will be information for USDA to approve, however bid can mean "over and above work", auction bids/offers, etc.

The "Bid Report" is in reference to the Property Preservation neeed for Foreclosure and REO properties.

9.0 Performance

Monitoring

Reference Completed Judicial Foreclosure - Performance Standard as "100% in accordance with HB-1-3550 and 95% must be completed within the applicable Judicial Foreclosure and appraisal. Timeframes in accordance with

HB-1-3555 & HB-1-3550. "

16 Acceptable Deviation SLA timing constraints could be problematic in highly rural areas where where FCL timeframes or appraisals are affected outside the Contractor's control. Will USDA consider a deviation to this service level expectation when third parties impeded the ability to complete timely?

No, not at this time.

9.0 Performance

Monitoring

Reference Completed Non-Judicial Foreclosure - Performance Standard as "100% in accordance with HB-1- 3550 and 95% must be completed within the applicable Judicial Foreclosure and appraisal. Timeframes in accordance with HB-1-3555 & HB-1-3550. "

16 Acceptable Deviation SLA timing constraints could be problematic in highly rural areas where where FCL timeframes or appraisals are affected outside the Contractor's control. Will USDA consider a deviation to this service level expectation when third parties impeded the ability to complete timely?

No, not at this time.

66 9.0 Performance Monitoring

Reference: "FCL Legal Foreclosure" Peformance Objectives, row 2 "Complete Judicial Foreclosure"

16 PWS Paragraph The PWS Paragraph reference is cited as "6.2", however the PWS does not have a section related specifically to Judicial Foreclosure services. PWS Section 6.3.1 is referenced as "Uncontested Foreclosure Services" and 6.3.2 is referenced as "Contested Foreclosure Services" and may include judicial and non-judicial. Can the government correct this reference?

Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

67 9.0 Performance Monitoring

Reference: "FCL Legal Foreclosure" Peformance Objectives, row 3 "Appraisal"

16 PWS Paragraph The PWS Paragraph reference is cited as "6.2.4", however the PWS indicates that Appraisal and Valuation Services is in PWS Section

6.3.4. Can the government correct this reference?

Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

68 9.0 Performance Monitoring

Reference: "FCL Legal Foreclosure" Peformance Objectives, row 4 "Complete Non-Judicial Foreclosure including appraisal "

17 PWS Paragraph The PWS Paragraph reference is cited as "6.2", however the PWS does not have a section related specifically to Judicial Foreclosure services. PWS Section 6.3.1 is referenced as "Uncontested Foreclosure Services" and 6.3.2 is referenced as "Contested Foreclosure Services" and may include judicial and non-judicial. Can the government correct this reference?

Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

69 9.0 Performance Monitoring

Reference: "FCL Legal Foreclosure" Peformance Objectives, row 7 "Property Preservation Under Foreclosure Services-Occupied (Judicial/Non-Judicial) "

17 PWS Paragraph The PWS Paragraph reference is cited as "6.2.3", however the PWS indicates that Property Preservation Services (Unoccupied) is in PWS Section 6.3.3. Additionally the performance objective is cited as "Occupied", however the PWS objective is for Unoccupied. Can the government correct this reference?

Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

70 9.0 Performance Monitoring

Reference: "FCL Legal Foreclosure" Peformance Objectives, row 5 "Mediation Services "

17 PWS Paragraph The PWS Paragraph reference is cited as "6.6", however the PWS indicates that Mediation Services is in PWS Section 6.7. Can the government correct this reference?

Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

71 9.0 Performance Monitoring

Reference: "FCL Legal Foreclosure" Peformance Objectives, row 6 "Publication Service"

17 PWS Paragraph The PWS Paragraph reference is cited as "6.2", however the PWS does not have a section related to Publication Service in PWS Can the government correct this reference, remove the monitoring expectation or include Publication Service within the PWS?

Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

72 9.0 Performance Monitoring

Reference: "Real Estate Owned (REO)" Peformance Objectives, row 2 and 4.

17-18 PWS Paragraph The PWS Paragraph reference is cited as "6.8", however the PWS has REO Dispostion Services under Section 6.9.1. Can the government correct this reference?

Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

73 9.0 Performance Monitoring

Reference: "Real Estate Owned (REO)" Peformance Objectives, row 5 "Appraisal Services"

18 PWS Paragraph The PWS Paragraph reference is cited as "6.8.2", however the PWS indicates that Appraisal Services is in PWS Section 6.9.2. Can the government correct this reference?

Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

Draft RFP

Sub-Section/Clause /Provision

Page Number Subject/Title Industry Comment/Question USDA Response

74 9.0 Performance Monitoring

Reference: "Real Estate Owned (REO)" Peformance Objectives, row 6 "Property Preservation"

18 PWS Paragraph The PWS Paragraph reference is cited as "6.8.3", however the PWS indicates that Property Preservation Maintenance Services is in PWS Section 6.9.3. Can the government correct this reference?

Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

75 9.0 Performance Monitoring

Reference: "* For REO Properties the diligence timeframe is 6 months. "

18 Diligence Timeframe Can USDA provide clarification as to the meaning of the diligence timeframe of 6 months? Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised to remove "diligence".

9.0 Performance

Monitoring

Reference: "Contractor must comply with HB-1-3550 guidance regarding listing properties. Deliver all Listing and Marketing related services in a timely manner" with performance statndard as "100% of listings must adhere to HB-1-3550. 100% of assigned Properties must be listed for sale within 45 days of receipt."

16 Deviation of Standard In situations where legal services (e.g. Evictions) are required/necessary prior to marketing, will USDA consider a variation of this performance standard of 45 days to list as an allowable deviation to the standard?

No, not at this time.

9.0 Performance

Monitoring

Reference: "Deliver all Sales related support services in a timely manner to include property preservation and appraisal services" with a performance standard as "95% of Properties must be sold within 165 days of receipt."

16 Deviation of Standard In situation where legal services (e.g. Evictions), state regulatory timelines around ratification/confirmation/redemption will elongate timelines, will USDA consider a variation of this performance standard of <= 165 days to sold as an allowable deviation to the standard?

No, not at this time.

9.0 Performance

Monitoring

Reference: "Deliver all Sales related support services in a timely manner to include property preservation and appraisal services" with a performance standard as "Property Preservation will be 100% in accordance with HB-1-3550 and 95% must be completed within the applicable property preservation and appraisal timeframes applicable property preservation timeframes as stated in the PWS."

16 Timeline Timelines are missing within the PWS sections for REO Preservation. Can USDA provide timelines within the PWS as referenced? Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

9.0 Performance

Monitoring

Reference: "Property Preservation " with a performance standard as "Property Preservation will be 100% in accordance with HB-1-3550 and 95% must be completed within the applicable property preservation and timeframes in accordance with applicable property preservation timeframes as stated in the PWS. "

16 Timeline Timelines are missing within the PWS sections for REO Preservation. Can USDA provide timelines within the PWS as referenced? Yes, DRFP Attachment 06, Performance Work Statement, Section 9 Performance Monitoring will be revised.

11.0 Travel

Reference: "Any Vendor request of travel must be made, in writing, to the CO and COR thirty (30) days prior to actual travel, and approved under the Over and Above

CLIN "

19 Over and Above Alignment to Pricing There are several "Over and Above CLINs" provided in the pricing index with none directly related to travel. Can USDA provide clarification as to the appropriate pricing reference for this?

All services are encompassed in the Firm Fixed Price.

12.0 Contractor’s Key

Personnel

Reference: "Chief Legal Counsel - This individual is a point of contact for legal matters to work directly with the Government Office of General Counsel and Department of Justice and Government NDMS program office. This individual is the coordinating Counsel for any and all legal matters. This person has a legal degree and is licensed and a member of the bar in at least one state and 10 years of real estate legal experience "

19 Legal Counsel vs. Liason As written this requires contractor to provide a named attorney as POC for contract. Will USDA consider a Legal Liaison and not an attorney representing the govt directly?

Thank you for the question. The USDA will take it into consideration.

82 NDMS Draft RFP VOLUME IV, CONTRACT DOCUMENTATION 50 Financial Responsibility Is the $7.5M Account Balance or LOC based on one contract award, and if so will this number change if there are multiple awards? No, It will not change with a multiple award.

Attachment 11 - PWS 6.3 Foreclosure Services 9 6.3.5 Foreclosure Over and Above

Will contractor be responsible to monitor and pay property taxes while property is in Legal and/or REO status? During the Foreclosure process, the Contractor will not be required to pay the property taxes.

However, the Contractor will be required to pay property taxes under REO status.

84 Attachment E DRAFT IDIQ TEP Workbook TAB 'IDIQ CLIN Pricing' APPRAISAL OR VALUATION Pricing for the previous RFP Appraisal Services included four different types of Appraisals. Will the final RFP pricing be modified to include individual pricing for different types of Appraisals?

No

Instruction to Offerors 1. Factor 1 Technical Knowledge

Subfactor 1.1 Program Management Plan

7. Managing Protected Information

Refers to Cybersecurity protection measures which appear to be defined in Attachment 13, which describes USDA's requirement to comply with FISMA/NIST. Does this mean that the contractor's Property Management System must reside on a FedRamp approved Service and comply with FISMA/NIST cyber security requirements?

Thank you for the question. The USDA will take it into consideration.

86 Section 7 Invoice and Payment 4 e. Invoice Schedule Is there a reason the Property and Occupancy Inspection CLIN is excluded once the property becomes REO, or was this just an oversight?

Property and Occupancy Inspections are required for both Foreclosure and REO properties.

Pricing Workbook Vol 5 T01 Tab T01 T01 - Pricing

Why is Program, Vendor Management, risk management, QC, Property Management System, USDA Support, process improvement, billing, accounting, and other factors limited to CLIN T01 and the 6 month Transition-in? Given other CLIN volumes may fluctuate significantly, will USDA consider changing/extending T01 or adding a Management CLIN for the entire 10 year period.

They are deliverables that can not be tied to a case (property).

Instruction to Offerors Volume V - Oral Presentation

Factor 5 - PowerPoint Presentation

Proposal Submission Please clarify, is the PowerPoint Presentation to be delivered with our proposal or will USDA complete a down select and then request Presentations to be submitted?

Yes, Please see DRFP SECTION VI-INSTRUCTIONS TO OFFERORS, 4. PROPOSAL

STRCUTURE

89 Contracts N/A N/A Contracts Will USDA be awarding one or two contracts? USDA antipates awarding two or more IDIQ Contracts.

Draft RFP

Sub-Section/Clause /Provision

Page Number Subject/Title Industry Comment/Question USDA Response

52.216-1 52.216-1 34 Pricing Will property preservation, including inspections will be a fixed price or vary depending on the rurality and access to the property?

Firm Fixed Price

91 Attachment E DRAFT IDIQ TEP Workbook TAB 'IDIQ CLIN Pricing' Pricing Will the final RFP include a budget for property upgrades like painting, carpeting ? Minimal upgrades will help with quicker REO sales as well as increase property value No, the USDA does not antipicate this service under this contract.

Attachment E DRAFT IDIQ TEP Workbook TAB 'IDIQ CLIN

Pricing' Property Inspection or Preservation costs

Will the final RFP pricing include a CLIN for trip charges and or mileage reimbursement? This will help offset the cost of contractors time and expense to travel to rural properties

No, all services are encompassed in the Firm Fixed Price.

Attachment E DRAFT IDIQ TEP Workbook TAB 'IDIQ CLIN Pricing' Pricing Will the final RFP include a CLIN for bidding after the fact in emergency situations? With some of these properties being so rural, it will b much more efficient for all parties to have a CLIN for this. This will allow contractors to better protect and preserve the asset.

No, all services are encompassed in the Firm Fixed Price.

52.216-1 52.216-1 34 Pricing

Will USDA consider itemizing pricing for inspections and preservation like the last RFP? It's very challenging to estimate flat pricing per asset especially with properties being in judicial and non-judicial states. The foreclosure timeframe can vary from 3 months to 60 months.

No, all services are encompassed in the Firm Fixed Price.

Attachment E DRAFT IDIQ TEP Workbook TAB 'IDIQ CLIN

Pricing' Pricing Given that there will likely be at least 3 different products requested, and all 3 typically have different price points. How are we expected to navigate that if only one fee is allowed? Are you looking for us to provide a blended rate that accounts for the possibility of any of the 3 products being ordered? (Exterior Only Appraisal, Full Appraisal, Full REO Appraisal.)

USDA is requesting one Firm Fixed Price appraisal in accrodance with the DRFP, Attachment 11, Performance Work Statement.

Instructions to Offerors 2. Submission of Proposal 42 Instructions to Offerors

Instructions state that each volume must be submitted separately so each part can be evaluated independently. But then goes on to state that proposals must be submitted in its entirety to the organizational email for this acquisition at NDMS. To confirm, are you looking for each volume to be submitted in its own separate email, or volumes I-V submitted as its own independent file within one email? If one email, will a zip folder with each volume as a separate document file be permitted?

DRFP SECTION VI-INSTRUCTIONS TO OFFERORS, 4. PROPOSAL STRUCTURE (a) will be revised to include zip files.

VOLUME IV, CONTRACT

DOCUMENTATION

Financial Responsibility The offeror must provide a document from a credible financial institution (as determined by Rural Development) demonstrating they have corporate funds or an existing line of credit no less than $7.5 million available to manage their operation without requiring any financing from RD in advance.

50 Financial Responsibility Will the Government consider a lower line of credit? Can a combination of corporate funds + line of credit be used to satisfy the requirement? For Prime/Subcontractor teaming arrangments, can the combined lines of credit be used to meet the requirement?

No, not at this time.

VOLUME IV, CONTRACT

DOCUMENTATION

Financial Responsibility If an offeror is proposing as a Joint Venture (JV) or Mentor Protégé (MP), only the members of the JV or MP may pool the entity members Lines of Credit or corporate funds to meet the requirement.

50 Financial Responsibility Will the Government consider the Small Business rules adopted by the SBA for Small Business offerors, to allow other teaming arrangements other than Joint Venture or Multi-Partner such as Contractor Teaming Arrangement or naming of First Tier subs, which are all covered in the applicability of the rules pertaining to Small Business offerors?

Yes

FACTOR 2: TECHNICAL

CAPABILITY

Subfactor 2.1 Key Personnel There is no education requirement for this position. The Project Manager must have a minimum of 15 years of experience managing contracts of this size and complexity to this effort.

41 Project Manager Will the Government consider a lesser number of years (10 or less) to make all key personnel requirements the same for years of experience? Years of experience do not necessarily correlate positively with ability and performance. The Government can, in its evaluation, give greater credit if it chooses, to those personnel with significantly more demonstrated positive experience than others.

No, not at this time.

FACTOR 2: TECHNICAL

CAPABILITY

Subfactor 2.4 Subcontracting Plan In accordance with FAR 19.702, the Offeror must provide the maximum practicable subcontracting opportunities to small business, veteran-owned small businesses, service-disabled veteran-owned small business, HUBZone small business, 8(a) small, disadvantaged business (SDB,), women owned small business and economically disadvantaged women owned (EDWOSB) concerns.

43 Subcontracting Plan Small businesses are currently providing some of the requested services. Is the Government concerned that small businesses may not be significantly included in this opportunity?

Small businesses have the opportunity to propose on the NDMS solicitation as a prime contractor, part of a mentor protégé, teaming arrangement, joint venture or subcontractor.

Draft RFP

Sub-Section/Clause /Provision

Page Number Subject/Title Industry Comment/Question USDA Response

FACTOR 2: TECHNICAL

CAPABILITY

Subfactor 2.4 Subcontracting Plan Small Business- up to 49.5% Within that total, the following socioeconomic goals must apply:

� Small Disadvantaged Business: 5% � Women-Owned Small Business: 5% � Service-Disabled Veteran-Owned Small Business: 3% � HUBZone Small Business: 3% The plan must identify the percentage and the type of work/function estimated to be subcontracted for each small business category within the set percentages above, and the process for selecting small business subcontractors (Attachment B, Subcontracting Plan Template). Proposed goals are expected to be met.

43 Subcontracting Plan How will the Government guarantee that small business firms are utilized to the degree stated (49.5%)?