FHF-26-R-0004 Q_A.xlsx
XLSX spreadsheet 26 KB Posted
- Attached to
- Litigation & Other Legal Advisory Services
- Solicitation number
- FHF-26-R-0004
- Issued by
-
Federal Housing Finance Agency
About this file
This is a Questions and Answers document for Federal Housing Finance Agency (FHFA) Solicitation FHF-26-R-0004, addressing clarifications on the Litigation & Other Legal Advisory Services requirement. The document contains 42 questions and answers spanning topics including scope of work, contract administration, labor categories, pricing, and evaluation procedures.
Key operational details include: litigation cases will vary monthly with no predetermined volume or jurisdiction concentration, though work may arise across any U.S. jurisdiction with likely some activity in the District of Columbia; case referrals will be made electronically with internal case files permitted to be maintained electronically; billing for all litigation services, including foreclosure and bankruptcy matters, will be on an hourly basis; and competition will be held for task orders covering related types of litigation or individual matters as appropriate. Labor categories must align with FHFA's standardized naming convention, with Senior Associate requiring minimum eight years' experience and Counsel representing senior attorneys with subject-matter expertise capable of independently leading complex matters. Task orders will be assigned primarily on a time-and-materials or labor hour basis rather than fixed-price arrangements. The Phase I submission is limited to eight pages addressing legal experience only, with oral presentations limited to six participants including potential subcontractors. FHFA anticipates awarding multiple (likely no more than five) IDIQ contracts and will issue Advisory Down-Select notices within two weeks of the offer due date. The RFP was amended to extend the initial February 6, 2026 deadline and remove certain Service Contract Labor Standards clauses (FAR 52.222-41, 52.222-42, 52.222-43, 52.222-49, 52.222-55, and 52.222-62) that were determined inapplicable to legal services. Five incumbent contractors were identified: Arnold & Porter Kaye Scholer LLP, Cadwalader Wickersham & Taft LLP, McKool Smith A Professional Corporation, Squire Patton Boggs LLP, and Duane Morris LLP.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment B Clauses and Provisions (A_2).docx | DOCX document | |
| Attachment B Clauses and Provisions (A_1).docx | DOCX document | |
| Attachment G Solicitation Questions.xlsx | XLSX spreadsheet | |
| Attachment D Pricing Worksheet.xlsx | XLSX spreadsheet | |
| Attachment F Security Questionnaire.docx | DOCX document | |
| Attachment C Wage Determination.pdf | ||
| Attachment A PWS.docx | DOCX document | |
| FHF-26-R-0004.docx | DOCX document | |
| Attachment E Subcontracting Plan Template.docx | DOCX document | |
| Attachment B Clauses and Provisions.docx | DOCX document |
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Sheet1
| Question # | Document Name (e.g., Attachment A Performance Work Statement, Combined Synopsis Solicitation, etc.) | Document Section (e.g., Section 3 of Attachment A Performance Work Statement, Evaluation and Selection Process Section of the Combined Synopsis Solicitation), etc.) | Question | Answer |
| 1 | Performance Work Statement | Section 2. Scope of Work | What is the expected file volume of the litigation cases monthly and is there a hold-back volume that would be released at one time? | The monthly volume of cases will vary as new issues arise. There is no set of cases that are being held for assignment under the new contracts. |
| 2 | Performance Work Statement | Section 2. Scope of Work | What are the expected jurisdictions for the litigation cases and the volume associated with each jurisdiction? | Cases may arise in any jurisdiction, and the volume of cases in each jurisdiction will depend on the legal and economic issues in those jurisdictions. |
| 3 | Performance Work Statement | Section 2. Scope of Work | Are there files with current vendors that would need to be transferred to the new law firms for completion and if so, what is the number of those cases to be transferred? | The number of cases that will need to be transferred will depend on the firms awarded a contract through this procurement, and the result of the competition for task orders that will cover continuing matters under the new contracts. |
| 4 | Performance Work Statement | Section 2. Scope of Work | Can you describe the types and expected volume of matters that would be referred for advice regarding banking law, securities law, financial services regulation law, antitrust and insurance law? These are very broad categories and we want to make sure we focus on the areas most important for this Solicitation. | The types of matters that would be referred for advice will depend on the issues that arise for the Agency during the contract period. The Agency is looking to select a variety of awardees that can collectively address any matter within these categories that arises for the Agency. |
| 5 | Performance Work Statement | Section 2. Scope of Work | For uncontested litigation, are the services for foreclosures and bankruptcies expected to be billed on a flat fee basis or hourly? | Litigation services, including litigation involving foreclosure and bankruptcy issues, will be billed on an hourly basis. |
| 6 | Performance Work Statement | Section 5.3 Conflict of Interest | Will any of the litigation involve suits or actions by FHFA against Fannie Mae, Freddie Mac or any of their mortgage servicers? | It is possible that over the full course of the IDIQ contracts that there could be litigation by FHFA against Fannie Mae, Freddie Mac, or their mortgage servicers, but it is unlikely to represent a significant portion of the Agency's litigation. |
| 7 | Performance Work Statement | Section 7. Case Management | Will referrals and other communications from FHFA be provided utilizing a particular communication platform that the law firm must obtain or license? | No particular communications platform is being used at this time. |
| 8 | Performance Work Statement | Section 7. Case Management | Will case referrals be made electronically or will there be any physical files provided other than original loan documents? | Referrals will be made electronically, though individual cases may require collection of physical files for discovery. |
| 9 | Performance Work Statement | Section 7. Case Management | Will the law firms be permitted to keep all file documentation electronically rather than in physical format, other than original loan documents? | Internal firm case files can be kept electronically. |
| 10 | Performance Work Statement | Section 23. Ordering Procedures | Will each specific case matter to be referred be subject to a bidding process between contract awardees for every matter provided to an awardee, or will the bidding be for related types of litigation or counseling matters? | Competition will be held for task orders, which will frequently cover related types of litigation, but may also be limited to single matters or issues, depending on the matter. |
| 11 | FHF-26-R-0004 | Page 3, Legal Experience (Factor 1), 4th Paragraph | The document states that "the font and format should be of readable quality." Please confirm that Times New Roman, single spaced, and size 12 font is considered "readable quality." | Yes, Times New Roman, single spaced, and size 12 font is considered readable quality. |
| 12 | FHF-26-R-0004 | Page 4, Oral Presentations (Factor 2), 1st Paragraph | The document states that "The Offeror's participants at the oral presentation may include up to six (6) individuals." Please confirm whether more than six individuals can participate in the oral presentation, especially if some of the provided legal experience needs to be subcontracted? | Participation in the oral presentation is limited to six (6) individuals. These participants may include subcontractors. While the Government prefers that the participants be among the individuals identified as proposed personnel, this is not a requirement. FHFA does, however, recommend that all participants be capable of responding to questions related to the oral presentation. |
| 13 | Attachment A - Performance Work Statement | Page 1, 2. Scope of Work, 2nd paragraph | The document states that "a significant portion of the work under these contractors is anticipated to be litigation related, both at the trial court and appellate levels." Can you provide any geographic indication of where a majority of the work will take place? | Cases may arise in any jurisdiction, and the volume of cases in each jurisdiction will depend on the legal and economic issues in those jurisdictions. FHFA is headquarted in the District of Columbia, so it is likely that some of the work will take place there, but this has historically accounted for less than a majority of the work. |
| 14 | Attachment A - Performance Work Statement | Page 3, 5. Contract Deliverables, 3rd paragraph | The document references FHFA's "CUI Policy and CUI Procedures." Please provide a copy of (or link to) the CUI Policy and CUI Procedures or who to reach out to to obtain same. | FHFA’s CUI Policy and CUI Procedures will be provided after contract award. Additional information regarding FHFA CUI requirements, including proper handling and nondisclosure of CUI, is set forth in FHFA Clause 6.205 in Attachment B. FHFA’s CUI Policy and CUI Procedures are aligned with (1) Executive Order 13556, Controlled Unclassified Information, 75 FR 68675 (Nov. 4, 2010); (2) 32 C.F.R. Part 2002; and (3) the CUI Registry. |
| 15 | Attachment A - Performance Work Statement | Page 5, 6. Subcontracting | The document states that "Contractor shall not subcontract any part of its work for the Government unless the CO specifically approves of the subcontract after the Contractor submits to the CO ... a Subcontract Request identifying the work to be subcontracted, the reason for subcontracting and the cost or rate of subcontracting." Does this section apply to the subcontractors that are included in this offer or will this apply to new subcontractors that were not in the original offer? | The subcontract approval process described in this section does not apply to subcontractors that are identified during the proposal process and subsequently incorporated into the contract award, provided that the subcontractor, labor category, and applicable rates are clearly identified in the proposal and reflected in the award. This requirement applies to any new subcontractors or subcontracted work not previously identified and approved as part of the original offer and contract award, and such subcontracting would require prior approval from the Contracting Officer. |
| 16 | Attachment A - Performance Work Statement | Page 10, 20. Labor Categories | The document states that "labor categories shall include … Senior Associate (minimum eight years' experience), Counsel, etc…" Please clarify the difference in qualifications and experience between a Senior Associate and Counsel. | A Senior Associate has a minimum of eight (8) years of relevant legal experience and supports complex legal work under general supervision. A Counsel is generally a senior attorney with subject-matter expertise who may independently lead complex matters and provides strategic legal guidance. The Offeror shall align its Labor Categories (LCATs) as closely as practicable with FHFA’s standardized LCAT naming convention. Specific labor category requirements (e.g., minimum qualifications) shall be specified at the Task Order level. |
| 17 | SAM.gov Posting | Date Offers Due | The posting for the contract opportunity on SAM.gov states that the "offer's due date is February 6, 2026." Would you consider extending the offer's due date to February 13, 2026? | The RFP has been extended. The revised due date and time for submission of offers is reflected on Contract Opportunities. |
| 18 | FHFA RFP - FHF-26-R-0004 | Advisory Down-Select | Does FHFA know when it will issue the Advisory Down-Select notices? | FHFA anticipates issuing the notices within two (2) weeks of the date offers are due. |
| 19 | FHFA RFP - FHF-26-R-0004 | Representations and Certifications | What date are these due? | The date will be decided after the Advisory Down-Select notices are sent. |
| 20 | FHFA RFP - FHF-26-R-0004 | Price | The Solicitation requires offerors to provide the “portion of labor rate attributable to profit.” This request is inconsistent with federal procurement law, which generally exempts procurements for commercial services from requirement to provide cost or pricing data, whether certified or other than certified. See, e.g., 41 U.S.C. §§ 3503(a), 3505(b)(1)-(2); FAR 15.403-3(a)(1)(ii); FAR 15.404-1(b)(1). Moreover, "profit" is not determined by attorney or labor category but depends on the matter, the amount of time spent, and how the work is allocated among the attorneys. The Firm cannot provide this information and requests that this provision be deleted from the RFP. | Per FAR 52.212-4 with Alt I, paragraph (a)(4), "At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]" |
If you choose not to submit a rate, then the portion of the "hourly rate" attributable to profit shall be 10 percent.
| 21 | Attachment A Performance Work Statement | Section 5, Contract Deliverables | Please provide a copy of the "FHFA security requirements" and the "FHFA document policies" referenced in paragraph 4. | Those documents will be provided to awardees after the contracts are awarded. |
| 22 | Attachment B Clauses and Provisions | Conflict of Interest Mitigation Plan (Factor 4) FHFA Specialty Clause 6.213 | FHFA does not define “organizational conflict” in the contract or refer to a regulation. As page 7 of the solicitation recognizes, law firms apply “Rules of Professional Conduct or other similar rules/regulations governing conflicts of interest in the practice of law” to identify conflicts. The Firm cannot agree to a contract that does not define what the Agency considers to be a potential or actual organizational conflict. We request that FHFA delete clause FHFA Specialty Clause 6.213 and any other references to organizational conflicts from the RFP and confirm that only conflicts arising under Rules of Professional Conduct or other similar rules/regulations governing conflicts of interest in the practice of law need to be identified. | FAR 2.101 states, "organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired[.]” |
The Government has determined this requirement may result in organizational conflicts of interest and, as such, FHFA Specialty Clause 6.213 will not be deleted. Generally, a law firm’s standard process for monitoring, disclosure, and handling of conflicts of interest under Rules of Professional Conduct or other similar rules/regulations governing conflicts of interest in the practice of law will satisfy the monitoring, disclosure, and mitigation requirements of FHFA Specialty Clause 6.213.
| 23 | Attachment B Clauses and Provisions | FAR 52.222-41, Service Contract Labor Standards | The solicitation incorporates FAR 52.222-41, Service Contract Labor Standards (“SCLS”). The SCLS apply if "the principal purpose of [the contract] is to furnish services in the United States through the use of service employees." 29 C.F.R. § 4.110. The SCLS define "service employee" as any person employed by a contractor to provide services to the U.S. Government unless that person is "employed in a bona fide executive, administrative, or professional capacity." Id. § 4.156 ("The term service employee . . . does not include persons employed in a bona fide executive, administrative, or professional capacity."). The principal purpose of the solicited effort is to perform legal services using lawyers, and lawyers qualify for the professional and administrative exemptions consistent with 29 C.F.R. Part 541. Will FHFA please remove FAR 52.222-41 from the solicitation? | FAR 52.222-41 and Attachment C are removed from the solicitation. All remaining attachments, will be re-lettered at the time of award. |
| 24 | Attachment B Clauses and Provisions | 52.222-42, Statement of Equivalent Rates for Federal Hires | The solicitation incorporates FAR 52.222-42, Statement of Equivalent Rates for Federal Hires. This clause applies only if the SCLS apply. See FAR 22.1006(b) (“The contracting officer shall insert the clause at 52.222-42, Statement of Equivalent Rates for Federal Hires, in solicitations and contracts if the contract amount is expected to be over $2,500 and the Service Contract Labor Standards statute is applicable. (See 22.1016.).”). Will FHFA please remove FAR 52.222-42 after removing FAR 52.222-41? | FAR 52.222-42 is removed from the solicitation. |
| 25 | Attachment B Clauses and Provisions | 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) | The solicitation incorporates FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts). This clause applies only if the SCLS apply. See FAR 22.1006(c)(1). Will FHFA please remove FAR 52.222-43 after removing FAR 52.222-41? | FAR 52.222-43 is removed from the solicitation. |
| 26 | Attachment B Clauses and Provisions | 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 | The solicitation incorporates FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026. This clause applies only if FAR 52.222-6, Construction Wage Rate Requirements, or FAR 52.222-41, Service Contract Labor Standards, apply. This is not a construction contract, and as explained, the SCLS do not apply. Further, President Trump revoked Executive Order 14026 through Executive Order 14236. Will FHFA please remove FAR 52.222-55? | FAR 52.222-55 is removed from the solicitation. |
| 27 | Attachment B Clauses and Provisions | 52.222-49, Service Contract Labor Standards-Place of Performance Unknown | The solicitation incorporates 52.222-49 Service Contract Labor Standards-Place of Performance Unknown. This clause only applies if the SCLS apply. Will FHFA please remove FAR 52.222-49 after removing FAR 52.222-41? | FAR 52.222-49 is removed from the solicitation. |
| 28 | Attachment B Clauses and Provisions | FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 | The solicitation incorporates FAR 52.222-62, Paid Sick Leave Under Executive Order 13706. This clause applies only if FAR 52.222-6, Construction Wage Rate Requirements, or FAR 52.222-41, Service Contract Labor Standards, apply. See FAR 22.2110. This is not a construction contract, and as explained, the SCLS do not apply. Will FHFA please remove FAR 52.222-62? | FAR 52.222-62 is removed from the solicitation. |
| 29 | Attachment G Solicitation Questions | Will FHFA's response to the terms we have requested be deleted be provided before the submission due on February 6, 2026? | Yes, the amended terms are included with this amendment. | |
| 30 | Litigation | Legal Experience 1 | Are Offerors limited to demonstrating experience in Phase I, or may they also include relevant additional experience in the other phases? | Only Legal Experience should be discussed in your Phase I submission. The Phase I response is limited to eight (8) pages. Including information regarding other factors will make it difficult for the Government to evaluate its confidence in your Legal Experience. |
| 31 | Performance Work Statement | 7. Case Management | Can FHFA provide an estimated annual forecast of file volume, including the approximate number of files expected per year? | The number of files will vary as new issues arise in different jurisdictions. |
| 32 | Performance Work Statement | 20. Labor Categories | Can FHFA provide additional detail regarding the required qualifications, credentials, and experience for each labor category? | Question & Answer #16, addresses the difference between the Senior Associate and Counsel. The Offeror shall align its Labor Categories (LCATs) as closely as practicable with FHFA’s standardized LCAT naming convention. FHFA has identified the minimum years' of experience for the Mid-Level Associate and Senior Associate. Specific labor category requirements (e.g., minimum qualifications) shall be specified at the Task Order level. |
| 33 | Performance Work Statement | 23. Ordering Procedures | Does FHFA anticipate issuing task orders primarily on a time-and-materials basis, or may task orders also be issued on a fixed-price basis depending on scope? | Task orders will be assigned primarily on a labor hour or time-and-materials basis. |
| 34 | Performance Work Statement | N/A | Is there an incumbent for this requirement? If so, please provide the contract number. | 95314321D0001 - Arnold & Porter Kaye Scholer LLP |
95314321D0002 - Cadwalader, Wickersham & Taft LLP 95314321D0003 - McKool Smith A Professional Corporation 95314321D0004 - Squire Patton Boggs, LLP 95314321D0005 - Duane Morris LLP
| 35 | Performance Work Statement | 3. Tasks | Does the Agency have a back-log of matters related to this requirement? If so, how many matter and what type of legal matters in accordance with Section 3, Tasks as referenced in the PWS? For example, how many drafting and filing documents? | There is no backlog of matters waiting to be assigned under the new contracts. | |
| 36 | Attachment D. Pricing | Attachment D. Pricing | How many Full-Time-Employees (FTEs) does the Agency anticipate needing for this requirement for the base year? | The number of hours needed for this requirement will be determined by the issues that emerge in various jurisdictions during the base year. | |
| 37 | Performance Work Statement | 7. Case Management | How many active litigation matters does the Agency have as referenced in Section 7, Case Management in the PWS? | The Agency is unable to release this information. | |
| 38 | Performance Work Statement | 8. 8. | Pleadings, Motions, Oppositions, Replies, Briefs, Other Court Filings, and Substantive Correspondence | For Section 8 of the PWS, Pleadings, ect., the Agency references “FHFA preapproval”; specifically who at the Agency do we receive these preapprovals from? | Preapproval of litigation filings will be provided by attorneys within the Agency's Office of General Counsel. |
| 39 | Performance Work Statement | 5.Contract Deliverables, 5.5 | For the awarding IDIQ Holders, how will the Agency distribute Task Orders? Specifically will the Agency make the IDIQ Holders compete each Task Order? | Task orders will be distributed through competition, though each task order may encompass numerous related matters. | |
| 40 | Performance Work Statement | 16. Travel | For Section 16 of the PWS, the Agency references travel, how much travel does the Agency anticipate for the base year? Specifically, where does the Agency anticipate the travel location(s) to be for the base year? | Travel will depend on the cases that arise during the base year. Recent travel locations have included Nevada, Florida, and California. | |
| 41 | Performance Work Statement | 21. | Transition-Out Plan | Section 21 of the PWS references a “Transition-Out Plan”; does the Agency anticipate a Transition-In Plan as this requirement is currently being serviced by another Contractor firm or Government personnel? | The Agency does not anticipate a Transition-In Plan for new task orders, but there will be case management plans and meetings for newly assigned and newly reassigned matters. |
| 42 | Performance Work Statement | 24. | Maximum Basic Contract Ceiling and Minimum Awardee Guarantee | Section 24 of the PWS references the “Maximum Basic Contract Ceiling and Minimum Awardee Guarantee” for the IDIQ awardees; can the Agency disclose how many IDIQ awardees it anticipates issuing awards to for this requirement? | The number of IDIQ awardees will depend on the number of qualified offers received. The Agency does not have a set target number of awardees, however, FHFA anticipates awarding multiple (likely no more than five (5)) IDIQ contract(s). |
&"-,Bold"Attachment G
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