RFI for Private Counsel Program.docx

15JPSS24N00000065 Private Counsel Debt Collection – United States Federal Judicial Districts

REQUEST FOR INFORMATION

DEBT COLLECTION MANAGEMENT STAFF

DESCRIPTION:

The United States (U.S.) Department of Justice (DOJ or Department), Procurement Services Staff, in support of the Debt Collection Management Staff (DCM) is seeking information from industry to assist with the development and planning of a requirement.

THIS IS AN RFI NOTICE ONLY. THIS IS NOT A REQUEST FOR PROPOSAL (RFP). NO SOLICITATION IS AVAILABLE AT THIS TIME.

PURPOSE:

This RFI is for the purpose of gathering information as part of the Department’s market research, identifying potential sources, and determining the Department’s procurement strategy. The Department is investigating the establishment of a single-award, indefinite-delivery, indefinite-quantity (IDIQ) contract in support of the DOJ’s Private Counsel Program, a key component of the DCM for private counsel contracted to litigate and perform collections for delinquent federal non-tax civil debt. This requirement is being developed to support collection and litigation of civil debts by DOJ Private Counsel for U.S. Federal Judicial Districts that do not currently have DOJ Private Counsel under contract. The DOJ Private Counsel IDIQ contract will fulfill task orders on an as needed basis in the U.S. Judicial Districts to support U.S. Attorney’s litigation and collection of secured and/or unsecured civil federal debts.

DOJ Private Counsel contract awards were, and are being made to support U.S. Judicial Districts where federal agency case referrals for debt collection through litigation were, and are voluminous and consistent. The DOJ Private Counsel IDIQ contract will fulfill task orders in specific U.S. Federal Judicial Districts on an as needed basis where the federal civil nontax cases are not as voluminous to require private counsel in a U.S. District for a continuous five-year period and/or private industry expertise may be beneficial to the DOJ.

It is expected that the IDIQ contractor at award has proposed an acceptable contract pricing table that considers costs, fees, and rates applicable to each U.S. District which could issue a task order for private counsel to perform litigation and debt collection services. Proposals for the IDIQ that include subcontracting and/or teaming arrangements are acceptable if they are explicit in detailing how the IDIQ contractor will ensure that all licensing, certification, security, and background investigation requirements will be considered and met.

In each task order issued under the IDIQ contract, the respective U.S. Judicial District’s, U.S. Attorney’s Office assigned Assistant U.S. Attorney (AUSA) reserves the right to determine if the proposed law firm, solo practitioner, or attorney is qualified to represent the U.S. in their respective U.S. District Courts or individual cases.

The policy of the Federal Government is to make every effort to collect delinquent debts owed to the United States. In furtherance of this policy, Congress, in 1986, enacted the Federal Debt Recovery Act (FDRA), P.L. 99-578, 31 U.S.C. sec. 3718(b). The FDRA originally authorized a pilot project for three years, in which the Attorney General was to contract with private counsel to assist the U.S. Attorneys in collecting debts owed to the United States, in not less than five nor more than ten federal judicial districts. The FDRA has been amended three times: First in 1990 by P.L. 101-302, which extended the pilot through September 30, 1992; again in 1992 by P.L. 102-589, which extended the pilot through September 30, 1996 and authorized its expansion to "not more than 15" federal judicial districts; and most recently, on April 26, 1996, by Sections 31001(cc) (1) and (2) of Public Law 104-134. This latest amendment eliminates any requirement that the Attorney General try to award four (4) contracts to private counsel in each district, and repeals Sections 3 and 5 of the FDRA, so that the Attorney General now has permanent authority to contract with as few or as many private counsel in as many judicial districts as deemed appropriate. Since the pilot project began, DOJ has, or had private counsel in the following federal judicial districts:

· Western District of Arkansas

· Northern District of Oklahoma

· Northern District of Indiana

· Northern District of California

· Central District of California

· Eastern District of California

· Connecticut

· District of Columbia

· Middle District of Florida

· Northern District of Florida

· Southern District of Florida

· Northern District of Georgia

· Northern District of Illinois

· Massachusetts

· Eastern District of Michigan

· Montana

· New Jersey

· Northern District of New York

· Southern District of New York

· Eastern District of New York

· Western District of New York

· Western District of North Carolina

· Eastern District of Pennsylvania

· Middle District of Pennsylvania

· Western District of Pennsylvania

· Puerto Rico

· South Carolina

· Northern District of Texas

· Southern District of Texas The U.S. Attorneys have historically been responsible for the collection of most delinquent debts referred by client agencies to DOJ for litigation and collection. For the most part, these debts were the result of direct, guaranteed, or insured loans made, or benefits conferred, pursuant to a variety of Federal programs administered by any of several client agencies including, but not limited to, the Departments of Agriculture, Education, Housing and Urban Development, Health and Human Services, Veterans Affairs, and the Small Business Administration. These agencies refer claims to DOJ for litigation when they have exhausted, without success, a series of administrative remedies to try to collect them. The procedures Federal agencies must follow in trying to collect, compromise, or settle their debts administratively, before they can refer them to DOJ for litigation, are set out in the Federal Claims Collection Standards 31 C.F.R., Parts 900 - 904. Many of the unsecured debts that will be referred to the Contractor for litigation have been worked by the Federal agencies, and some by private collection agencies, before reaching DOJ for litigation and collection. Many of these cases result in default or consent judgments against the debtors.

The Contractor will be required to furnish all legal services, including representation in negotiation, compromise, settlement, and litigation, to collect delinquent debts owed to the United States on an indefinite-delivery, indefinite-quantity task order basis. Such services include the collection and litigation of secured and unsecured Federal debts and participation in bankruptcy, foreclosure, and other ancillary proceedings as may be required. All of the work to be performed under the contract must be performed within the counties that comprise the United States Federal Judicial Districts specified in Attachment 1 – List of Federal Judicial Districts, and all litigation to collect secured and unsecured debts must be brought in the United States District Court in the same judicial district in which the debtor is located. In some foreclosure cases, the jurisdictional U.S. Attorney’s Office may recommend that suit be brought in state or local court where efficacy of collection is not impacted, and expediency of the judicial proceeding is more advantageous than U.S. District Court.

REQUESTED INFORMATION:

Interested parties are requested to respond to this RFI with a capability statement. Only law firms or solo practitioners of law will be considered. Attorneys who are members in good standing with the licensing authority of the state and licensed to practice in the United States Federal Judicial Districts specified in Attachment 1 – List of Federal Judicial Districts are permitted to represent the Federal Government.

Capability statements in Microsoft Word for Office 2000 compatible format are due no later than 4:30pm ET, August 1, 2024. Responses shall be submitted via e-mail only to christina.murray@usdoj.gov. The capability statement shall include the following as a minimum:

Administrative Information

· Firm’s name, mailing address, phone number, DUNS, Cage Code, and e-mail of designated point of contact.

· Business type(s) (large business, small business, small disadvantaged business, 8(a)-certified small disadvantaged business, HUBZone small business, woman-owned small business, economically disadvantaged women-owned small business, veteran-owned small business, service-disabled veteran-owned small business) based upon North American Industry Classification System (NAICS) code 541110, Offices of Lawyers. “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR Part 121. A small business concern for the purposes of this RFI is generally defined as a business, including its affiliates, averaging no more than $15.5 million in annual receipts. Annual receipts of a concern that has been in business for 3 or more complete fiscal years means the annual average gross revenue of the concern taken for the last 3 fiscal years. Annual receipts of a concern that has been in business for less than 3 complete fiscal years means its total receipts for the period it has been in business, divided by the number of weeks including fractions of a week that it has been in business, and multiplied by 52. Respondees are cautioned, however, that this is a general description only. Additional standards and conditions apply. Please refer to Federal Acquisition Regulation (FAR) Part 19 for additional detailed information on Small Business Size Standards. The FAR is available at https://www.acquisition.gov/

Contract/Capability/Pricing Information

· Identify your intentions to team or subcontract any work and what percentage of work you are capable of in your own right and what percentage you are subcontracting.

· How would you propose delivering such an IDIQ capability, considering that the Government will allow subcontracting/teaming arrangements under the contract?

· Have you done the work requirements specified in the sample SOW in the past with this agency or other branch of Government? Commercially? Or do your key personnel have the knowledge and experience to perform the work specified in the sample SOW? How does the work currently being performed by the key personnel of your firm relate to the work contemplated in this IDIQ?

· Will your company have to hire to support this IDIQ capability? If yes, what process will you follow to hire personnel? How quickly can you obtain personnel? What kind of a retention plan do you have to keep personnel?

· A contract of this magnitude poses many management challenges such as urgent requirements that must be performed in very short time frames, uncertainties regarding the required services, placement of any necessary subcontracts and/or teaming arrangements, mobilization of staff and other resources, obtaining of necessary clearances, etc. Describe how you will manage this contract as a prime?

· Propose how the contractor can deliver an acceptable contract pricing table that considers costs, fees, and rates across each applicable U.S. District which could issue a task order for private counsel to perform litigation and debt collections services. (The sample contract pricing table shows the contract pricing table in current Private Counsel Contracts.)

· Propose how the IDIQ requirement should take into consideration the implementation of new fees or fee increases in jurisdictions which were latent at the time of the IDIQ award.

· Propose how the IDIQ requirement could consider fee fluctuations due to unforeseen market or economic conditions.

· What is your recommended contracting strategy?

· Provide your proposed business model in order to maintain your solution.

· What are your estimated fees/prices/costs for a five year contract of capability/service? If the fees/prices/costs are based on geographical locations or regional circuits, please provide a pricing model.

INDUSTRY DISCUSSIONS:

DOJ representatives may choose to meet with potential offerors and hold one-on-one discussions. Such discussions would only be intended to obtain further clarification of potential capability to meet the requirements.

QUESTIONS:

Questions regarding this announcement shall be submitted in writing by e-mail to christina.murray@usdoj.gov. Verbal questions will NOT be accepted. Answers to questions will be posted to www.sam.gov. The Government does not guarantee that questions received after July 22, 2024 will be answered. The Government will not reimburse companies for any costs associated with the submissions of their responses.

DISCLAIMER:

This RFI is not a Request for Proposal (RFP) and is not to be construed as a commitment by the Government to issue a solicitation or ultimately award a contract. Responses will not be considered as proposals nor will any award be made as a result of this synopsis.

All information contained in the RFI is preliminary as well as subject to modification and is in no way binding on the Government. FAR Clause 52.215-3, “Request for Information or Solicitation for Planning Purposes”, is incorporated by reference in this RFI. Responders to this invitation are solely responsible for all expenses associated with responding to this RFI. This RFI will be the basis for collecting information on capabilities available. This RFI is issued solely for information and planning purposes. Proprietary information and trade secrets, if any, must be clearly marked on all materials. All information received in this RFI that is marked “Proprietary” will be handled accordingly. Please be advised that all submissions become Government property and will not be returned nor will receipt be confirmed. In accordance with FAR 15.201(e), responses to this RFI are not offers and cannot be accepted by the Government to form a binding contract.