A company that once had financial ties to Education Secretary Betsy DeVos was one of two firms selected Thursday by the U.S. Department of Education to help the agency collect overdue student loans. The deal could be worth hundreds of millions of dollars.
The decision to award contracts to Windham Professionals and Performant Financial Corp. – the company in which DeVos invested before becoming secretary – arrives a month after a federal judge ordered the department to complete its selection of a loan collector to put an end to a messy court battle. Windham and Performant beat out nearly 40 other bidders for contracts valued at up to $400 million, but their win may be short-lived if the losing companies fight the decision.
“The selection of only two [companies] opens the door to protests from the unsuccessful bidders,” wrote Michael Tarkan, senior research analyst at Compass Point, in a research note on Performant. “Based on prior contract awards, we would not be surprised to see protests, lawsuits and appeals which could all delay the start date for the new contract.”
Historically, the department has used as many as 17 companies to recoup past-due student loans. Earlier attempts to whittle down the number of firms have been met with resistance. Companies that lost out on a 2016 debt collection contract have been embroiled in a lawsuit that has prevented the federal government from assigning new accounts.
The department selected seven companies to manage the portfolio two years ago, sparking protests at the Government Accountability Office, which faulted the agency for mismanaging some of the bids. A few firms filed complaints with the federal claims court, leading authorities to put a hold on all new assignments. The Education Department had estimated that the order cost taxpayers $640,000 in collections in one month.
The newly awarded contracts are supposed to resolve the litigation, but the selection of at least one of the companies could raise eyebrows.
Performant is linked to LMF WF Portfolio, a limited liability corporation that once counted DeVos as an investor. LMF is one of several firms involved in providing Performant with a $147 million loan in 2012, according to regulatory filings. DeVos was required to divest from LMF within 90 days of her confirmation as secretary, but at the time of her appointment, Democrats said they were uneasy about the influence she could still wield over companies with which she has had a relationship.
Education Department spokesman Nathan Bailey said Thursday that DeVos had “no knowledge, let alone involvement” in the new debt collection contract. Richard Zubek, who heads investor relations at Performant, said in an email that the company “has never had any direct or indirect contact with Secretary DeVos or anyone related to Mrs. DeVos.”
Performant was among the companies that protested to the GAO aboutthe Education Department’s 2016 contract decision. In its response to the protests, the GAO outlined the Education Department’s evaluation of the dozens of companies that submitted bids at the time. Windham’s management was rated satisfactory and its past performance deemed “exceptional,” earning the company a spot among the seven firms selected then. Performant’s management was rated “marginal,” while its past performance as a contractor was deemed “satisfactory.”
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