Foreclosure Legal Services & Related Technical Support for the States of North Carolina, South Carolina, and Arkansas

Amendment / Modification

• The solicitation closing date has been extended to March 31, 2026.

• The question due date has been extended to March 17, 2026.

• Revised Attachment 1 - Solicitation Terms and Conditions_0002 is provided, with changes highlighted in blue font.

• All other sections of the RFQ remain unchanged.

• Attachment 1 - Solicitation Terms and Conditions_0002

• Proposal deadline extended to March 31, 2026.

• Question due date extended to March 17, 2026.

Solicitation / RFP / RFQ

This solicitation seeks a contractor to provide Judicial and Non-Judicial Foreclosure Legal Services & Related Technical Support for the States of North Carolina, South Carolina, and Arkansas. The services required include foreclosure, eviction, and mediation services for the USDA Rural Development mission area.

• Provision of legal foreclosure support, including foreclosure services (FCL), eviction services, and mediation services.

• Services are required for the states of Arkansas, North Carolina, and South Carolina.

• Offerors must demonstrate they are licensed law firms in good standing in these states.

• Proposed approach must clearly describe foreclosure processes, handling of contested cases, mediation, evictions, deficiency judgments, real-time case status reporting, and consistent case management.

• Offerors must demonstrate experience with federal loan foreclosure, bankruptcy, eviction, and mediation.

• Submission of a Program Management Plan (PMP) and a Quality Control Plan (QCP) is required.

• Anticipated award type: Firm-fixed-price purchase order with time-and-materials line items.

• Period of performance: One year.

• Quotes are due no later than March 31, 2026, at noon ET, submitted via email to Dominique Davis at dominique.davis@usda.gov.

• Evaluation will be based on the highest technically rated quotation with fair and reasonable pricing and acceptable or neutral past performance. Tradeoffs will not be conducted.

• Technical evaluation criteria include: Technical Approach, Price, and Past Performance.

• Technical Approach will assess understanding of the PWS, capability, licensed status, and proposed approach to services.

• Price will be evaluated for fairness and reasonableness.

• Past Performance will be evaluated using up to five Past Performance Questionnaires (PPQs) and other available sources.

• Quotes must adhere to specific formatting and page limitations (Technical Approach: max 30 pages; Past Performance: max 2 pages).

• Not explicitly stated as a set-aside, but several small business-related clauses are incorporated.

• Supporting documentation includes Performance Work Statement (PWS), Invoice Template, QASP, Price Workbook, Question and Answer Form, and Past Performance Questionnaire.

• Numerous FAR and AGAR clauses are incorporated by reference and must be complied with.

• Questions are due by March 17, 2026, at 12:00 PM ET.

Questions & Answers / Clarifications

This document provides responses to industry questions regarding the solicitation, specifically concerning legal services requirements and prime offeror qualifications.

• NAICS Code and Legal Services: The solicitation references NAICS 531390 (Other Activities Related to Real Estate), but industry questions arise regarding the requirement for legal services, specifically referencing NAICS 541110 (Offices of Lawyers).
• Prime Offeror Qualification: The Government clarifies that the prime offeror must be a licensed law firm in good standing in North Carolina, South Carolina, and Arkansas. A teaming arrangement where a management company primes and a law firm subcontracts is not acceptable if the law firm is the subcontractor. The prime offeror itself must hold the required licenses.
• Attorney Identification and Licensing: In response to questions about fulfilling attorney requirements across multiple states, the Government confirms that the prime offeror must be a licensed law firm in good standing in North Carolina, South Carolina, and Arkansas. While a joint venture or similar contractor team arrangement is permissible, the prime entity must meet the licensing requirements. All attorneys must be identified by name, bar number, and state in a staffing matrix, and the prime must hold active bar licenses in all three states.

These clarifications emphasize that the prime offeror must be a law firm licensed in the specified states, impacting how potential bidders structure their proposals and teaming arrangements.

Amendment / Modification

This amendment (0001) to the solicitation modifies the original RFQ as follows:

• Incorporates Exhibit A, "Question and Answer_0001 form" into the solicitation.

• Provides a revised Attachment 1, "Solicitation Terms and Conditions 0001," with changes highlighted in blue font.

• Confirms that all other sections of the RFQ remain unchanged.

• Exhibit A (New)

• Attachment 1 (Revised)

• The amendment does not explicitly state changes to proposal deadlines or submission rules, but bidders should review the revised Attachment 1 and the incorporated Exhibit A for any potential impact on their proposals.

Solicitation / RFP / RFQ

This solicitation seeks a contractor to provide judicial and non-judicial foreclosure legal services, including foreclosure, eviction, and mediation services in Arkansas, North Carolina, and South Carolina. The services are for the United States Department of Agriculture (USDA), Rural Development mission area.

• Provision of legal foreclosure support.

• Execution of foreclosure services (FCL), eviction services, and mediation services.

• Services to be provided in Arkansas, North Carolina, and South Carolina.

• Offerors must be licensed law firms in good standing in all three states.

• Detailed approach required for foreclosure processes, contested cases, mediation, evictions, and deficiency judgments.

• Real-time case status reporting capability.

• Program Management Plan (PMP) and Quality Control Plan (QCP) required.

• Anticipated award type: Firm-fixed-price purchase order with time-and-materials line items.

• Period of Performance: One year.

• Quotes are due no later than March 12, 2026, at noon ET, via email to Dominique Davis at dominique.davis@usda.gov.

• Evaluation will be based on the highest technically rated quotation with fair and reasonable pricing and acceptable or neutral past performance.

• Technical evaluation includes assessment of the offeror's understanding of the PWS, licensed status, approach to foreclosure work, PMP, and QCP.

• Price will be evaluated for fairness and reasonableness.

• Past performance will be evaluated using up to five Past Performance Questionnaires (PPQs).

• Quotes must adhere to specific formatting and page limitations.

• Not explicitly stated as a set-aside, but several small business-related clauses are included (e.g., HUBZone, Small Business Concerns, Nonmanufacturer Rule).

• Supporting documentation includes Performance Work Statement (Attachment 2), Invoice Template (Attachment 3), QASP (Attachment 4), Price Workbook (Attachment 5), Question and Answer Form (Exhibit A), and Past Performance Questionnaire (Exhibit B).

• Offerors must submit pricing for all items to be considered responsive.

• Questions are due by February 26, 2026, at 12:00 PM ET.

Solicitation / RFP / RFQ

This solicitation is for legal services to manage foreclosure and related default management matters for the United States Department of Agriculture (USDA), Rural Development. The services are required in Arkansas, North Carolina, and South Carolina, encompassing foreclosure, eviction, and mediation services.

• Provide legal foreclosure support, including foreclosure services (FCL), eviction services, and mediation.

• Must be a licensed law firm in good standing in North Carolina, South Carolina, and Arkansas.

• Demonstrate capability in handling judicial and non-judicial foreclosure processes, contested cases, mediation, evictions, and deficiency judgments.

• Ability to report case status in real-time and manage cases consistently and accurately.

• Experience with federal loan foreclosure, bankruptcy, eviction, and mediation under state and federal law.

• Must submit a Program Management Plan (PMP) and a Quality Control Plan (QCP) that meet PWS requirements.

• The government intends to make one award.

• Pricing must be submitted for all items.

• Submission Deadline: March 12, 2026, at noon ET.

• Questions Deadline: February 26, 2026, at 12:00 PM ET, submitted via Exhibit A to dominique.davis@usda.gov.

• Quote Submission: Email to Dominique Davis at dominique.davis@usda.gov.

• Evaluation Criteria: Award will be made to the highest technically rated offeror with fair and reasonable pricing and acceptable or neutral past performance. Technical approach, qualifications, experience, PMP, QCP, price, and past performance will be evaluated.

• Quote Format: Strict adherence to page limits (Technical Approach: 30 pages, Past Performance: 2 pages), font, margin, and spacing requirements is mandatory. Non-compliance may result in ineligibility.

• Offer Acceptance Period: 90 calendar days.

• Offerors must be licensed law firms in NC, SC, and AR.

• Specific FAR clauses related to small business concerns are listed, indicating potential set-aside considerations.

• This solicitation incorporates numerous FAR and AGAR clauses by reference, including those related to commercial products/services, contractor employee rights, and DEI compliance.

• Supporting documents include Performance Work Statement (Attachment 2), Invoice Template (Attachment 3), QASP (Attachment 4), Price Workbook (Attachment 5), Q&A Form (Exhibit A), and Past Performance Questionnaire (Exhibit B).

• The document details procedures for agency protests through the USDA Ombudsman Program.

Attachment / Form

This document is a Quality Assurance Surveillance Plan (QASP) for the "Judicial and Non-Judicial Foreclosure Legal Services & Related Technical Support for the States of North Carolina, South Carolina, and Arkansas" contract. It outlines the procedures and guidelines the USDA will use to ensure the contractor meets the performance standards specified in the Performance Work Statement (PWS).

• Purpose of QASP: To describe systematic methods for measuring contractor performance against PWS requirements and to identify required reports.
• QASP Relation to Contract: The QASP can be revised by the Government via contract modification. It is provided to the contractor to help them enhance their Quality Control (QC) program.
• Performance Standards & AQLs: Defines how contractor performance will be monitored against specific standards and Acceptable Quality Levels (AQLs) for various tasks (e.g., timely report submission, foreclosure completion, eviction/possession, mediation, compliance, communication, data reporting).
• Allowable Deviation: Specifies the acceptable level of deficiencies (deviations) permitted under the contract, with some requirements allowing zero deviation (e.g., safety).
• Non-Performance: Defines what constitutes non-performance and the contractor's responsibility for correcting deficiencies at no cost to the government.
• Responsibilities: Outlines the roles of the Contracting Officer (CO), Contracting Officer Representative (COR), and the Contractor in quality assurance and control.
• Surveillance Methods: Details the government's tools for monitoring contractor performance, including inspection of products/services and analysis of results.
• Appendices: Includes examples of a Performance Requirement Summary (PRS), Discrepancy Report, Customer Feedback Record, Inspection List, Quality Assurance Monitoring, Customer Complaint Investigation, and Surveillance Activity Checklist.

This QASP is crucial for bidders as it details how their performance will be evaluated. Understanding the performance standards, acceptable quality levels (AQLs), and surveillance methods will help bidders develop a robust Quality Control Plan (QCP) and ensure they can meet the government's expectations for service delivery. The specific metrics and timelines outlined in Appendix A are particularly important for assessing the feasibility and requirements of the contract.

Form / Attachment / Pricing Sheet

This document is an Excel spreadsheet containing a template for submitting invoices to the USDA. It includes several sheets detailing cover page information, invoice details, instructions for submission, and records of removed or rejected invoice items.

• USDA COVER PAGE: Fields for vendor information, invoice details (number, date, period), contract and task order information, total amounts, and a breakdown of requested disbursements by CLIN (Contract Line Item Number).
• INVOICE TO USDA: A table to log specific loan details, state, dates, invoice amounts, CLIN numbers, descriptions, and vendor ticket numbers.
• INSTRUCTIONS: Details the process for invoice submission via a SharePoint Invoicing Application, including required data, upload procedures, and a three-step quality assurance review process (Intake QA, SME Review, CO Approval). It also outlines procedures for invoice acceptance, payment processing, and rejection.
• REMOVED / REMOVED (ashley): Sheets listing specific invoice items that were rejected or removed, along with reasons for rejection (e.g., missing reports, incorrect property details, duplicate entries, work from a different month).

This template is crucial for vendors to understand the required format and content for invoice submissions. It outlines the specific data fields needed, the electronic submission process, and the detailed review and approval steps. The 'REMOVED' sheets provide insight into common errors or issues that can lead to invoice rejection, helping bidders avoid similar mistakes and ensure timely payment.

Statement of Work (SOW) / Performance Work Statement (PWS)

The objective is for the U.S. Department of Agriculture (USDA) Rural Development to contract legal counsel for judicial and non-judicial foreclosure, eviction, and mediation services, along with related technical support, for North Carolina, South Carolina, and Arkansas. This pilot aims to generate data to inform a future national default management services portfolio by testing processes, pricing, and reporting under real-world conditions with a single contractor.

This is a non-personnel services contract. The contractor will provide post-acceleration default management legal services, including foreclosure (FCL), eviction, mediation, real estate owned (REO), and bankruptcy services in the specified states. The contractor will act as the sole entity responsible for services in these geographic locations. Key services include:

• Prosecuting and defending foreclosure litigation for up to 100 accounts per state.

• Obtaining possession of real property, securing collateral, and enforcing judgments.

• Handling uncontested and contested foreclosures.

• Representing the Client in bankruptcy proceedings.

• Managing foreclosure mediation programs.

• Performing evictions.

• Seeking deficiency judgments where applicable and cost-effective.

• Timely Status Reports: Monthly reports due by the 10th calendar day.

• Foreclosure Completion: 100% compliance with specific handbooks, 95% within HUD timeframes.

• Eviction/Possession: 95% completed within 3 months After Receipt of Order (ARO).

• Mediation: 95% completed within standard state timeframes.

• Compliance: Less than 1 major violation per quarter.

• Communication: 100% compliance with response times (3 business days non-urgent, 1 business day urgent).

• First Legal Foreclosure: 95% completed within 90 calendar days ARO.

• Data Reporting: Information accurate and updated daily (95% no defective data).

Services are required for North Carolina, South Carolina, and Arkansas.

• Attorneys must be members in good standing of the appropriate state bar.
• Services must comply with Federal, State, and local statutes, Fair Debt Collection Practices Act, Debt Collection Act of 1982, and Rules of Professional Conduct.
• Contractor must maintain malpractice insurance and indemnify the U.S. for damages resulting from negligence.
• Contractor must comply with conflict of interest rules.
• Contractor must use the Client's SharePoint for invoicing and adhere to fixed-price and hourly billing structures as detailed in the PWS. Reimbursable expenses have specific limits.

Form / Attachment / Pricing Sheet

This document is a pricing workbook provided to assist offerors in submitting their proposed pricing for the opportunity. It contains instructions and templates for detailing costs across different contract periods and states. Adherence to the workbook's structure and formulas is critical, as alterations may be considered exceptions and could lead to disqualification.

• Instructions to Contractors: Outlines how to use the workbook, emphasizing the importance of following instructions and not altering formulas. It specifies that only cells highlighted in yellow should be modified.
• TEP Tab: Used for entering the Offeror's Name and contains automatically calculated Total Evaluated Price (TEP). Labor rates should encompass all associated costs including salary, fringe benefits, indirect costs, profit, and escalation.
• Base Pricing Tab: Requires offerors to input unit prices for each CLIN (Contract Line Item Number) for each state and contract period. The government provides estimated quantities for evaluation purposes.
• CLINs Covered: Includes services such as Uncontested Foreclosure Services, Contested Foreclosure Services Judicial, Bankruptcy Services (Chapter 7 & 13), Mediation, Eviction, Removed/Recalled Case Fee, Over and Above Legal Fees (NTE $25,000.00), and Reimbursable Elements (NTE $257,500.00).
• States Covered: Pricing is to be provided for Arkansas, North Carolina, and South Carolina.

This workbook is essential for bidders to accurately calculate and submit their pricing proposals. It details the specific CLINs, states, and contract periods for which pricing is required, along with instructions on how to input this information. Failure to use the workbook correctly could jeopardize a bid's eligibility.

Solicitation / RFP / RFQ

This document is a solicitation for commercial items, specifically legal services and related technical support for judicial and non-judicial foreclosure processes. The services are required for the states of North Carolina, South Carolina, and Arkansas.

• Judicial and Non-Judicial Foreclosure Legal Services: Comprehensive legal support for foreclosure proceedings.

• Uncontested Foreclosure Services: Flat-fee legal services for uncontested non-judicial foreclosures, including all necessary filings, notices, court actions, and reporting.

• Contested Foreclosure Services (Judicial): Legal services for foreclosures in Arkansas that become contested, encompassing litigation support, hearings, motions, and related actions.

• Bankruptcy Services (Chapter 7 & 13): Legal services related to bankruptcy proceedings, aligned with Fannie Mae/Freddie Mac fee schedules.

• Mediation Services

• Eviction Services

• Removed / Recalled Case Fee (if required)

• Over and Above Legal Fees: Not to exceed $25,000.00 for the entire contract.

• Reimbursable Elements: Not to exceed $257,500.00 for the entire contract.

• The solicitation number is 1231ME2600001.

• The issue date is February 19, 2026.

• The offer due date is March 12, 2026, at 12:00 PM ET.

• The North American Industry Classification Standard (NAICS) code is 531390, with a size standard of $19.5 million.

• Offerors are to complete blocks 12, 17, 23, 24, and 30.

• Invoices are to be submitted to the address shown in Block 18a unless otherwise specified.

• The solicitation incorporates FAR clauses 52.212-1, 52.212-4, and 52.212-5 by reference, which may be attached.

• The acquisition is listed as "UNRESTRICTED" but has checkboxes for various small business set-asides (Small Business, HUBZone, SDVOSB, WOSB, EDWOSB, 8(A)). It is unclear from this document if a specific set-aside is applied.

• This is a solicitation for commercial items.

• The contract will be administered by the USDA, Rural Development Procurement Management Office.

Form / Attachment / Pricing Sheet

This document is an Excel spreadsheet containing a "Question and Answer Form" intended for industry feedback or clarification regarding a SAM.gov opportunity. It provides a structured format for companies to submit comments or questions related to specific sections of the RFQ or solicitation.

• The primary sheet is titled "Summary - Industry".
• Columns include:
  • '#': A sequential numbering for entries.
  • 'Company Name': Field for the submitting company's name.
  • 'RFQ Section': Field to specify the relevant section of the RFQ or solicitation.
  • 'Page Number': Field to indicate the page number in the RFQ or solicitation.
  • 'Industry Comment/Question': The main field for vendors to input their questions or comments.

This form is crucial for bidders who have questions or require clarification on the solicitation documents. It provides a standardized method for submitting inquiries, ensuring that the government can track and respond to industry feedback systematically. Bidders should use this form to ensure their questions are properly logged and addressed, which may impact their proposal preparation and understanding of the requirements.

Form / Attachment / Pricing Sheet

This document is a Past Performance Questionnaire designed to gather information from references regarding an offeror's past performance. This information will be used as part of the proposal evaluation process.

• Offeror Information: Requires details about the company being evaluated, including name, contract number, period of performance, contract value, and contract type.
• Reference Information: Requires details about the entity providing the reference, including company name, point of contact, address, and contact information.
• Performance Elements: Asks references to rate the offeror on specific performance areas using a defined rating scale (Exceptional, Very Good, Satisfactory, Marginal, Unsatisfactory). These areas include:
  • Timeliness of Performance (resource use, schedule adherence, timely corrections)
  • Quality Control / Customer Satisfaction (quality control procedures, responsiveness to changes, professionalism, overall performance)
• Yes/No Question: Asks if the reference would do business with the firm again.
• Additional Comments: A section for references to provide further details on performance issues and corrective actions.

Bidders should use this questionnaire to understand the specific criteria the government uses to evaluate past performance. They should ensure their references are prepared to complete this questionnaire thoroughly and accurately, highlighting strengths and addressing any potential weaknesses. The definitions of performance ratings provide insight into what constitutes "Exceptional" versus "Marginal" or "Unsatisfactory" performance, guiding bidders on how to present their experience.