1-RFP 2023-104 HAPGC Project Based Vouchers.pdf

HOUSING AUTHORITY OF PRINCE GEORGES COUNTY

RFP NO. 2023-104

Project-Based Vouchers (PBV’s)

RFP Due Date: Friday, September 29, 2023, at 1:00 PM EST

2 | P a g e

REQUEST FOR PROPOSALS

RFP NO. 2023-104 - Project Based Vouchers – (Round 1)

Housing Authority of Prince George’s County (HAPGC) is currently accepting proposals.

Proposal shall consist of an uploaded proposal containing all materials as listed in the RFP.

HAPGC reserves the right to reject any or all proposals. MBE/WBE firms are encouraged to submit proposals.

All questions for the RFP must be submitted in writing and e-mailed to HAPGC, at hapgcprocurement@co.pg.md.us no later than 1:00 p.m. EST on Wednesday, September 6, 2023.

PRE-PROPOSAL MEETING:

DUE TO COVID-19

CONFERENCE CALL ONLY

Friday, September 1, 2023, at 1:00 p.m. EST

Dial-in Number:

(425) 436-6395

Meeting ID 2006378

RFP DUE DATE/TIME: September 29, 2023 at 1:00 p.m. EST via Electronic Submission link below:

https://hapgcprocurement.bonfirehub.com/

Solicitation documents are available through our eProcurement portal that is location on our website at https://www.princegeorgescountymd.gov/4097/Procurement-Portal mailto:hapgcprocurement@co.pg.md.us https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fhapgcprocurement.bonfirehub.com%2F&data=04%7C01%7CKJNoble%40co.pg.md.us%7C8366d17d0ed54be7912a08d929f560d7%7C4146bddaddc14d2aa1b21a64cc3c837b%7C0%7C0%7C637586956147195301%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=0AA5DTs9KFrmEqK5M6yNAg8FP5AifEWvzKmA%2Bltty8I%3D&reserved=0 https://www.princegeorgescountymd.gov/4097/Procurement-Portal

3 | P a g e

TABLE OF CONTENTS

I. INTRODUCTION ……………………………...……………………………………….… 4

II. SUBMISSION PROCEDURES & REQUIREMENTS …………………………………... 8

III. EVALUATION/SELECTION CRITERIA ………………………………………………. 13

IV. UNAUTHORIZED COMMUNICATIONS …………………………………………

V. GENERAL CONDITIONS OF THE RFP …..…………………………………………

VI. EXHIBIT A – DOCUMENTS CHECKLIST ………………….…………………………. 21

VII. EXHIBIT B – HUD-FORMS …………………………………………………………….. 22

VIII. EXHIBIT C – HAPGC FORMS ……………………………………………….…….…… 23

Attachment 1 – HAPGC Additional Rounds for PBV’s due dates listed.

4 | P a g e

I. INTRODUCTION

The Housing Authority of Prince George’s County (HAPGC or Authority) is inviting property owners and developers to submit proposals for consideration of the provision of Housing Choice Vouchers (HCV) under its Project-Based Assistance (PBV) Program for up to 50 units to house families referred from its waiting list. Under the Project-Based Voucher (PBV) Program, the subsidy is attached to specific units for an original contract term of fifteen (15) years.

The RFP is a “rolling” RFP process. A “rolling” RFP is a first come first serve application process, meaning proposals will be accepted for consideration on a continuous basis up until HAPGC determines funding or vouchers are no longer available for award. There will be a round each quarter, with the first round of proposals due on September 29, 2023.

(HAPGC) will award any one project up to fifty (50) project-based vouchers to house families referred from its waiting list each quarter.

Under this Request for Proposal (RFP) and subject to funding availability, HAPGC may provide vouchers for project-based assistance for the categories of housing below.

• New Construction refers to Proposed Construction, Properties Under Construction, and Properties

Existing Less than One Year as defined: • Proposed Construction refers to a property where no concrete or permanent material has been placed. Digging of footing is not considered permanent.

• Under Construction refers to the period from the first placement of permanent material to 100 percent completion with no Certificate of Occupancy (CO) or equivalent.

• Existing Less than One Year refers to a property that is 100 percent complete and has been completed less than one year from the date of issuance of the CO or equivalent. The Property must have never been occupied.

o New Construction units will be considered if the owner can obtain a Certificate of

Occupancy within 60 days of the award.

• Substantial Rehabilitation (HUD Definition): Rental housing to occur under one of the following circumstances: 1) when the required repairs, replacements, and improvements involve the replacement of two or more major building components, or 2) the costs of the rehabilitation exceed the greater of 15 percent (exclusive of any soft costs) of the property's replacement cost (fair market value) after completion of all required repairs, replacements, and improvements; or $6,500 per dwelling unit (adjusted by HUD's authorized high-cost percentage); or 20% of the mortgage proceeds applied to rehabilitation expenses.

o Rehabilitated units will only be considered if the owner can obtain a Certificate of

Occupancy within 60 days of the award.

• Existing Housing is defined as housing units that already exist on the proposal selection date and shall comply with HUD-established inspection standards before execution of the Housing Assistance Payment (HAP) contract between the Owner and HAPGC.

5 | P a g e

HAPGC may award up to 120% of the Small Area Fair Market Rent (SAFMR) in contract rent for each unit.

HAPGC seeks a proposal or proposals that will yield the following unit composition and may select several responses to fulfill the unit composition as listed below:

• Up to fifty (50) Project-Based Vouchers, of all bedroom sizes to house applicant(s).

from the HAPGC Waiting List.

Applicant(s) referred by HAPGC must occupy units awarded assistance under this RFP.

When a PBV unit becomes vacant, the PBV landlord will be required to notify HAPGC, and HAPGC will refer applicants for housing to the assisted units from its Project-Based Voucher Waitlist.

The owner (respondents submitting a proposal) must select applicant(s) for the assisted units from referral(s) made by HAPGC.

A response offering floating units will not be considered. A floating unit means the location of the subsidized PBV unit is moved around as occupants move on and off the program during the term of the contract. HAPGC PBV units will be fixed, and the units will not change as occupants move on and off the program.

Important Dates

Event Date

RFP Issued August 25, 2023 Pre-Proposal Conference (Round 1)

(See Attachment 1 for Other Pre-Proposal dates as listed)

September 1, 2023

Proposal Submittal Deadline

(See Attachment 1 for Listed Submittal Deadline Dates)

Round 1 – September 29, 2023 Round 2 – December 15, 2023 Round 3 – March 19, 2024 Round 4 – June 19, 2024

6 | P a g e

Respondents to this RFP will be subject to conditions and requirements ensuring the construction and/or preservation of accessible units, as listed below.

A. The Respondent must demonstrate site control, including but not limited to building ownership, purchase contract or purchase option. All required land use approvals must be obtained.

B. The development site and unit must meet all applicable requirements of the U.S.

Department of Housing and Urban Development’s (HUD) Project-Based Voucher Program regulations, 24 CFR Part 983, and the HAPGC policies and procedures for the Project-Based Voucher Program included in HAPGC’s Administrative Plan.

This RFP does not attempt to define all applicable rules and regulations.

C. For developments receiving an award containing UFAS units; the development site and unit must comply with the Uniform Federal Accessibility Standards (UFAS) regulations.

D. The development site and unit must comply with program accessibility requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8.

E. The development site and unit must comply with design and construction requirements of the Fair Housing Amendments Act of 1988 and implementing regulations at 24 CFR § 100.205, as applicable.

F. Activities under the PBV Program are subject to HUD environmental regulations under 24 CFR Parts 50 and 58.

Note: HAPGC will continue to offer applicable Rounds as listed in the RFP (Attachment 1) until agency reaches maximum limit of PBV’s under HUD regulation subject to funding availability.

7 | P a g e

A. INELIGIBLE HOUSING TYPES

The following housing types are NOT eligible for PBV awards under this RFP:

1. Shared Housing.

2. Units on the grounds of a penal, reformatory, medical, mental, or similar public or private institution.

3. Nursing Homes or facilities providing continuous psychiatric, medical, nursing services, board and care, or intermediate care. However, the PHA may attach PBV assistance for a dwelling unit in an assisted living facility that provides home health care services such as nursing and therapy for residents of the housing.

4. Units that are owned or controlled by an educational institution or its affiliate and are designated for occupancy by students of the institution.

5. Manufactured Homes; and

6. Transitional Housing.

7. Prohibition against assistance for owner-occupied unit.

8. Prohibition against selecting unit occupied by an ineligible family.

9. Prohibition against assistance for units for which commencement of construction or rehabilitation occurred prior to AHAP.

10. A public housing dwelling unit.

11. A unit subsidized with any other form of Section 8 assistance (tenant-based or project-based).

12. A unit subsidized with any governmental rent subsidy (a subsidy that pays all or any part of the rent).

13. A unit subsidized with any governmental subsidy that covers all or any part of the operating costs of the housing.

14. A unit subsidized with Section 236 rental assistance payments (12 U.S.C. 1715z-1). However, the PHA may attach assistance to a unit subsidized with Section 236 interest reduction payments.

15. A unit subsidized with rental assistance payments under Section 521 of the Housing Act of 1949, 42 U.S.C. 1490a (a Rural Housing Service Program). However, the PHA may attach assistance for a unit subsidized with Section 515 interest reduction payments (42 U.S.C. 1485).

16. A Section 202 project for non-elderly persons with disabilities (assistance under Section 162 of the Housing and Community Development Act of 1987, 12 U.S.C. 1701q note).

17. Section 811 project-based supportive housing for persons with disabilities (42 U.S.C. 8013).

18. Section 202 supportive housing for the elderly (12 U.S.C. 1701q).

19. A Section 101 rent supplement project (12 U.S.C. 1701s).

20. A unit subsidized with any form of tenant-based rental assistance (as defined at 24 CFR 982.1(b)(2)) (e.g., a unit subsidized with tenant-based rental assistance under the HOME program, 42 U.S.C. 12701 et seq.).

21. A unit with any other duplicative federal, state, or local housing subsidy, as determined by HUD or by the PHA in accordance with HUD requirements. For this purpose, “housing subsidy” does not include the housing component of a welfare payment; a social security payment; or a federal, state, or local tax concession (such as relief from local real property taxes).

https://www.govinfo.gov/link/uscode/12/1715z-1 https://www.govinfo.gov/link/uscode/42/1490a https://www.govinfo.gov/link/uscode/42/1485 https://www.govinfo.gov/link/uscode/12/1701q https://www.govinfo.gov/link/uscode/42/8013 https://www.govinfo.gov/link/uscode/12/1701q https://www.govinfo.gov/link/uscode/12/1701s https://www.ecfr.gov/current/title-24/section-982.1#p-982.1(b)(2) https://www.ecfr.gov/current/title-24/section-982.1#p-982.1(b)(2) https://www.govinfo.gov/link/uscode/42/12701 https://www.govinfo.gov/link/uscode/42/12701

8 | P a g e

22. Projects that have already received PBV assistance from HAPGC are ineligible to apply.

II. SUBMISSION PROCEDURES & REQUIREMENTS

Proposal(s) must be submitted as listed below. Faxed proposals will not be considered.

Any proposal received after the specified date and time will not be considered. Proposals must be uploaded via the eProcurement portal on or before the specified date and time. All packages are time stamped via the system and uploads after allotted time will not go thru the system after the exact time listed, so please upload early than the listed time for submission(s).

Your organization must designate a Point of Contact (POC) to HAPGC.

Owner must comply with all applicable federal requirements.

Respondents must submit the following in order, for the submission to be considered complete:

The Respondent is required to submit the following information, although HAPGC reserves the right to request additional information upon review of initial submissions: Please TAB All Sections as listed below:

A. Information Required in the Proposal

Tab 1 – Initial Term of the Housing Assistance Payment (HAP) Contract Requested

The Minimum Qualifications:

The HAP contract term must be for 15 years. The purpose of the HAP contract is to provide housing assistance payments for HAPGC eligible families. The HAP contract will be executed after HAPGC has inspected the units and determined that all applicable units have been completed in accordance with the HAP Agreement. The HAP contract must be available for renewal at HAPGC’s discretion for an additional term of 15 years.

Scoring Criteria: List the intended term of the initial Housing Assistance Payment Contract and the Respondent’s intent pertaining to an extension of the contract term.

Tab 2 – Site Location

The respondent must provide the following to meet minimum qualifications:

a) The exact location of the project. The project must be within Prince George's County.

9 | P a g e

b) Provide evidence that demonstrates site control, including but not limited to, a deed proving outright building ownership, a purchase contract or a purchase option and evidence of all required land use approvals. Contracts must be executed prior to execution of the PBV Agreement.

c) Provide evidence establishing that the property is appropriately zoned or evidence to indicate that rezoning or variance will occur, allowing for the completion of standard approval procedures.

Responses must include expected timing of rezoning completion (if applicable).

Scoring Criteria: Identify the project’s proximity to shopping, significant health facility and neighborhood services, and if not within walking distance (1/4 mile) to these services demonstrate that the development site and unit is in close proximity to public transportation. Close proximity is within ¾ mile of public transit.

Include a map that shows public transportation routes and distance between transit stop (s) and project, and the location of commercial and retail facilities.

Tab 3 – Design

a) HAPGC is seeking up to fifty (50) units of all bedroom sizes to house families referred from the HAPGC waiting list;

b) Evidence of any proposed services that will be provided to the tenants, maintenance, and/or equipment to be supplied by the owner. Evidence may be a statement of services provided and available to property residents, such as landscaping, pest control etc.

c) Yearly, turnover rate.

d) Utilities available to the PBV contract units, including a specification of utility services to be paid by the owner and utility services to be paid by the tenant.

e) Estimated initial rents to owner for the contract units; and

f) All units desired must meet HUD-established inspection standards Housing Quality Standards.

Scoring Criteria:

Evidence of services, maintenance, or equipment to be supplied by the owner.

Architectural elevations, setbacks, and massing are considered acceptable for proposed use and in relation to adjacent land uses by County Planning Department staff; project amenities are appropriate for the planned use

Tab 4 – Development Experience

Respondent must provide the following to meet minimum qualifications:

List and briefly describe three (3) completed, rental properties owned, and/or rehabilitation projects within the last five (5) years. Projects must reflect Respondent’s experience in managing, owning, and/or developing affordable housing which may include accessible and/or low-income housing units. For each project, provide the following information:

a) Project Name and Location.

10 | P a g e

b) Brief description of the project. Indicate financing sources and amounts. Include number of units, accessible units, buildings, and acreage.

c) Owner Entity or Developer Team.

d) Describe any services that will be provided to the participants and Respondent’s role in providing these services and

e) Population type and income levels served.

Scoring Criteria: Respondent must demonstrate it has developed or owned rental properties.

Maximum points will be awarded based on evidence that Respondent has developed or owned up to one-hundred (100) or more rental housing units as primary or co-sponsor in the past five

(5) years.

Tab 5 – Owner Experience:

a) Provide a complete disclosure of ownership status (for-profit or non-profit owner) and organizational structure.

b) Identify the owner and other project principals and the names of officers, staff and principal members, shareholders, investors and other parties having a financial interest in the project. Provide a disclosure of any possible conflict of interest by any of these parties that would be a violation of the HAP contract. Information concerning any participant who is not known at the time of the application submission must be provided to HAPGC as soon as the participant is known.

c) Demonstrate at least three continuous years of prior ownership experience in at least three multi-family or single-family rental housing projects of similar size (number of dwelling units) to the proposed project.

d) Disclose any foreclosure or receivership actions, adverse government actions or health and safety violations, and any unresolved compliance agency audit findings.

Scoring Criteria: Respondent must prove that it has at least five (5) years of experience, maximum points will be awarded for twenty (20) or more years of experience in owning affordable rental housing or developing rental housing.

Tab 6 – Management Experience:

a) Respondent must demonstrate the experience and capabilities of the Management Team in managing affordable multi-family or single-family rental properties including any experience working with special needs population. List and briefly describe three

11 | P a g e

(3) projects within the last five (5) years that exhibit the Management Team’s experience in managing and maintaining multifamily or single-family rental housing properties of similar size (number of dwelling units) to the proposed project.

b) Submit a proposed Management Plan.

Scoring Criteria: Respondent must demonstrate that it has at least five (5) years of experience in managing affordable rental housing. Maximum points will be awarded to Respondent with twenty (20) or more years of experience in managing and maintaining affordable rental housing and/or working with special needs individuals.

Tab 7 – Project Feasibility/Readiness to Begin Leasing of Units:

a) Provide an operating budget for the proposed duration of the HAP contract.

Scoring Criteria: Respondent(s) must demonstrate the unit will meet at minimum HUD Housing Quality Standards inspection compliance, list the number of readily available units.

Tab 8 – UFAS Design

A UFAS or Uniform Federal Accessibility Standards unit offers disabled individuals and households an equal opportunity to use and enjoy a dwelling, including public and common-use spaces.

Respondents offering Accessible Units that are UFAS must provide the following to meet minimum qualifications:

• List the number of mobility accessible PBV contract units by area, unit size, and bathrooms.

Scoring Criteria: Number of proposed accessible mobility PBV contract units by area, size, and bathrooms using the above ranges.

Tab 9 - HUD Forms

Each Respondent must complete the applicable forms as provided in Exhibit B.

Tab 10 - HAPGC Forms

Each Respondent must complete the applicable forms as provided in Exhibit C.

12 | P a g e

Additional information on specific form(s) is included below.

a. Business References: Provide three (3) references from related service providers or agency personnel. Include a brief description of Respondent’s business relationship with the reference.

b. Minority and Women Business Participation: Proposals submitted in response to this solicitation MAY include an MBE/WBE participation plan which, at a minimum, demonstrates “Best Efforts” have been taken to achieve compliance with MBE/WBE goals.

B. Request for Information

Respondents desiring any explanation or further information regarding the solicitation must submit an e-mail request no later than 1:00 p.m. EST on Wednesday, September 6, 2023, to hapgcprocurement@co.pg.md.us. Any clarification and/ or information will be furnished promptly as a written addendum to the RFP and posted on the Bonfire Portal.

C. Evaluation Process

A selection committee composed of HAPGC staff will review proposals in accordance with this RFP and will recommend a contract to the firm(s) most advantageous and supportive of the agency’s needs. The selection committee and/or the Board of Commissioners may at its discretion request interviews with Respondents to discuss specific aspects and clarifications of their proposal(s).

Complete proposals submitted to HAPGC in the required format and with all required documentation will be reviewed, evaluated, and ranked by an Evaluation Committee. Proposal reviews will occur at the end of each round. Awards will be contingent upon the availability of vouchers and budget authority at the time the proposal is submitted.

The Evaluation Committee will use the criteria located in Section III. Evaluation/Selection Criteria. The evaluation criteria is considered minimum threshold factors, and HAPGC reserves the right to determine if a proposal(s) is consistent with its affordable housing goals.

If there are not enough vouchers to fully fund a proposal, the applicant will be given the opportunity to accept lesser number of vouchers than requested or decline all of the vouchers.

HAPGC will make every effort to provide a written selection decision to the applicant within 60 – 90 days of the submission of a proposal. If selected, the applicant will be expected to cooperate with HAPGC in providing any additional information requested by HUD in the final approval process.

D. Anticipated Schedule of Events

HAPGC reserves the right at its sole discretion to amend any or all of the dates associated with the anticipated schedule of events.

mailto:hapgcprocurement@co.pg.md.us

13 | P a g e

III. EVALUATION/SELECTION CRITERIA

The award of maximum points for each listed criterion will be based upon the documentation provided with respondents submitted proposal.

TAB 1: INITIAL TERM OF CONTRACT REQUESTED MAX.

PTS.

Fifteen years 10 Any term less than 15 years 5

TAB 2: SITE LOCATION MAX.

PTS.

Site location is within Prince George’s County and within ¾ mile of public transit. 10

TAB 3 DESIGN MAX.

PTS.

Evidence of services, maintenance, or equipment to be supplied by the owner. 15 Architectural elevations, setbacks, and massing are considered acceptable for proposed use and in relation to adjacent land uses by County Planning Department staff; project amenities are appropriate for the planned use.

Proposed project meets most of the above criteria and only slight modifications will be necessary to meet County Planning approval.

TAB 4: DEVELOPMENT EXPERIENCE

MAX.

PTS.

Respondent has developed or owned 100 or rental housing units as primary or co-sponsor in the past five years. 10

Respondent has developed or owned rental housing units as primary or co-sponsor in the past five years.

TAB 5: OWNER EXPERIENCE MAX.

PTS.

Respondent has 20+ years of experience in owning affordable rental housing. 10

Respondent has 10 to 19 years of experience in owning affordable rental housing 5

TAB 6: MANAGEMENT EXPERIENCE MAX.

PTS.

Respondent has 20+ years of experience in managing and maintaining rental properties.

Respondent has 5+ years of experience in managing and maintaining rental properties. 5

14 | P a g e

TAB 7: PROJECT FEASIBILITY/READINESS TO BEGIN LEASING OF UNITS MAX.

PTS.

Respondent provided the number of existing vacant units ready for leasing that comply with HUD-established inspection standards. If applicable, that also meet HUD UFAS standards.

Respondent provided the number of existing vacant units ready for leasing that comply with HUD-established inspection standards. 5

TAB 8: UFAS DESIGN

MAX.

PTS.

Respondent provided the number of mobility accessible PBV contract units by area, unit size and bathrooms.

MAXIMUM POINTS 110

*Maximum points represent the total max points by tab*

IV. UNAUTHORIZED COMMUNICATIONS

To protect the integrity of the procurement process, HAPGC requires all communications regarding this solicitation to be directed to the Procurement Department Only by either phone, e-mail or fax number, as listed in this solicitation. No officer, employee, agent or representative of the Respondent shall have any contact or discussion directly or indirectly through others to seek influence on any HAPGC Board member, and/or employee during this solicitation process. Any violation of this prohibition may result in Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this solicitation.

V. GENERAL CONDITIONS OF THE RFP

A. General Conditions

1. LATE SUBMISSIONS WILL NOT BE ACCEPTED OR CONSIDERED.

2. HAPGC reserves the right to accept or reject any and all proposals submitted, either in whole or in whole or in part, with or without cause; to waive any informalities of any proposal; to extend, amend or cancel this RFP at any time; and, to make the award in the best interest of HAPGC.

3. HAPGC reserves the right to request additional information, if needed, from prospective Respondents.

4. In the event, that it becomes necessary for HAPGC to revise any part of this RFP, revisions will be provided in the form of an Addendum to all prospective Respondents.

HAPGC may issue and does require Respondents to acknowledge addendums to the RFP.

Proposals must conform to any addenda that may be issued to this RFP.

15 | P a g e

5. Proposals that are incomplete or not in conformance with the submission requirements may be eliminated from further consideration. Respondents should carefully note the submission requirements.

6. All proposals submitted in response to this RFP will be considered public information and may be made available to the public (including news media) unless Confidential and/or Proprietary information is submitted under separate cover and is clearly designated as such.

7. The Respondent shall provide an oral presentation regarding proposal submitted, if requested to do so by HAPGC.

8. Respondents may modify or withdraw a proposal prior to the RFP due date, by an authorized representative of that organization. All submissions will become the property of HAPGC after the RFP Deadline.

9. The Respondent affirms that he/she is of lawful age and that no other person, firm, partnership, or corporation has any interest in this submittal or in the contract proposed to be entered into.

10. The Respondent affirms that its proposal is made without any understanding, agreement or connection with any other person, firm, partnership or corporation making a submittal for the same purpose and is in all respects fair and without collusion or fraud.

11. The Respondent has carefully read the provisions, terms, and conditions of the RFP document and does hereby agree to be bound thereby.

12. HAPGC reserves the right to make multiple awards from this RFP and retains the right to negotiate with the selected firm(s).

13. Additional services and/or service adjustments may be added or deleted during the life of any contract awarded hereunder as mutually agreed upon in writing between HAPGC and Respondent.

14. Respondent must meet HAPGC’s insurance requirements as requested in the RFP.

15. The Respondent will not offer any gratuity, favor, or anything of monetary value to any officials or employee of HAPGC for the purpose of influencing consideration of a response to this RFP.

16. HAPGC reserves the right to disqualify any proposal(s) that may present a conflict of interest between HAPGC, its employees or Board members, Respondent(s), or parties identified in the proposal.

16 | P a g e

17. Proposal’s may NOT be withdrawn for one-hundred twenty (120) days from the RFP due date.

18. Proposed fee is inclusive of all necessary costs to provide the proposed services, including but not limited to employee costs and benefits; clerical support; overhead;

profit; supplies; materials; licensing; insurance; vehicle fuel, etc. Each fee proposed shall be fully “burdened” with profit and overhead costs.

19. All awardees will be verified for doing business with HUD via the federal debarred listings, prior to any contract award, as applicable. (Sam.Gov)

B. Section 3 Compliance Requirements

Training and Employment Opportunities for Residents in the Project Area (Section 3, HUD Act of 1968; 24 CFR 75 (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for Housing. (b) The parties to this contract agree to comply with HUDs regulations in 24 CFR Part 75, which implement Section 3.

C. Mistakes in Proposals

If a mistake in a proposal is suspected or alleged, the proposal may be corrected or withdrawn during any negotiations that are held. If negotiations are not held, or if best and final offers have been received, the Respondent may be permitted to correct a mistake in the proposal and the intended correct offer may be considered based on the conditions that follow:

1. The mistake and the intended correct offer are clearly evident on the face of the proposal.

2. The Respondent submits written evidence which clearly and convincingly demonstrates both the existing offer, and such correction would not be contrary to the fair and equal treatment of other Respondents.

Mistakes after award shall not be corrected unless the Contracting Officer makes a written determination that it would be disadvantageous to HAPGC not to allow the mistake to be corrected.

The approval or disapproval of requests of this nature shall be in writing by the Contracting Officer.

D. Conflicts of Interest

The Respondent warrants that to the best of his/her knowledge and belief and except as otherwise disclosed, he/she does not have any organizational conflict of interest. Conflict of interest is defined as a situation in which the nature of work under this contract and the Respondent’s organizational, financial, contractual, or other interests are such that:

17 | P a g e

1. Award of the contract may result in an unfair competitive advantage; or

2. The Respondent’s objectivity in performing the contract work may be impaired. In the event the Respondent has an organizational conflict of interest as defined herein, the Respondent shall disclose such conflict of interest fully in the proposal submission.

3. The Respondent agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the President which shall include a description of the action which the Respondent has taken or intends to take to eliminate or neutralize the conflict. HAPGC may, however, terminate the contract if it is in its best interest.

4. In the event the Respondent was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Executive Director, HAPGC may terminate the contract for default.

5. The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the Respondent. The Respondent shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

6. No member of the HAPGC Board of Commissioners shall be allowed to share any or part of this contract or to derive any benefit to arise there from. This provision shall be construed to extend to this contract if made with a corporation for its general benefit.

7. Any HAPGC official or employee who exercises or has exercised any functions or responsibilities with respect to any HAPGC contract/ procurement activities, or who is in a position to participate in the decision-making process or gain inside information with regards to any HAPGC contract/procurement activities, obtain a financial or economic interest or benefit from the contract/ procurement, or have an interest in any contract or subcontract, or agreement with respect thereto or the proceeds there under, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure with the HAPGC or for one year after such individual leaves HAPGC.

8. HAPGC reserves total discretion to determine the proper treatment of any conflict of interest disclosed under this provision.

E. Indemnity

The Contractor shall indemnify and hold harmless HAPGC for any and all claims, lawsuits, causes of action and liability arising out of the execution, performance or nonperformance of this Agreement or in connection with the Contractor use of HAPGC premises. The costs of any actions stated herein will be the sole responsibility of the Contractor.

18 | P a g e

F. Acceptance of RFP and Contract Terms

Respondent’s submission of a proposal in response to the RFP shall constitute acceptance by the Respondent of the terms and conditions of this RFP. In the event, that the Respondent’s proposal is accepted for contract award, the Respondent agrees to enter into a negotiated contract with HAPGC at a later time and date.

The HAP contract will be per HAPGC and HUD’s regulations and notices. All contract extensions must have the mutual consent of all parties, as applicable and must be requested and accepted in writing. The Respondent must maintain compliance with all federal, state, local and laws and regulations.

G. Contract Award

Subject to the rights reserved in this RFP, HAPGC will award the contract by written notice to the selected Respondent (the “Contractor”). The award of the contract is subject to the approval of the HAPGC Board of Commissioners and/or the HAPGC’s Executive Director, and it shall be conditioned on the successful negotiation of revisions, if any, to the RFP, recommended as part of the evaluation of proposals.

A contract shall be awarded in accordance with the terms and conditions of this RFP to the Respondent whose proposal is most advantageous to the HAPGC considering qualifications, technical and other factors as specified in this RFP, HAPGC reserves the right to negotiate and award any element of this RFP, to reject any or all proposals or to waive any minor irregularities or technicalities in RFP received as in the best interest of HAPGC.

H. Insurance

If a Respondent(s) receives an award and unless otherwise waived in the Contract, the Contractor will be required to provide an original Certificate of Insurance confirming the following minimum requirements to HAPGC within 5 days of a contract signature: Insurance limits can be amended by HAPGC. Certificate of Insurance will be required for the duration of the contract term, including option years, as applicable:

19 | P a g e

Professional Liability Required Limits

HAPGC and its affiliates must be named as an Additional Insured and be a Certificate Holder.

$1,000,000 plus E & O of $1,000,000 per occurrence

$2,000,000 aggregate

Business Automobile Liability Required Limits

HAPGC and its affiliates must be named as an additional insured and as the certificate holder. Must include both owned and un-owned vehicles.

$500,000 combined single limit, per occurrence

Workers Compensation and Employer’s Liability Required Limits

Workers’ Compensation coverage is Statutory and has no pre-set limits. Employer’s Liability limit is $500,000 A waiver of Subrogation in favor of HAPGC must be included in the Workers’ Compensation policy. HAPGC and its affiliates must be named as a Certificate Holder.

Statutory $500,000

Commercial General Liability Required Limits This is required for any vendor who will be doing hands on work at HAPGC properties. HAPGC and its affiliates must be named as an Additional Insured and as the Certificate Holder.

$1,000,000 per accident $2,000,000 aggregate

20 | P a g e

I. No Warranty

Respondents are required to examine the RFP, scope of services, and instructions pertaining to the services requested. Failure to do so will be at the Respondent’s own risk. It is assumed that the Respondent has made full investigation as to be fully informed as to the extent and character of the services requested. No warranty or representation is made or implied as the information contained in this RFP.

J. Expense of RFP Submission

All expenses incurred in the preparation and submission of the RFP to HAPGC in response to this RFP shall be borne by the Respondent.

21 | P a g e

VI. EXHIBIT A - DOCUMENTS CHECKLIST

DOCUMENT(S) CHECKLIST- TAB 9

All documents, including this Checklist, must be completed in full and submitted in the uploaded response or proposal submission, or the package may be considered as a non-responsive submittal.

Initial If

Included Documents Included in Proposal(s)

________ Document(s) Checklist

________ Acknowledgement of Receipt of Addendum/Addenda, if applicable

________ Form HUD 5369-C

________ Non-Collusive Affidavit

________ Insurance Certificate

________ W-9

I understand that failure to submit all these items may cause my submittal to be considered non-responsive.

Name _____________________________________________________

Title ______________________________________________________

Company ___________________________________________________

23 | P a g e

VII. EXHIBIT B - HUD FORMS

a) Instructions to Offerors Non-Construction (HUD-5369-B)

b) Certifications and Representations of Offerors - Non Construction (HUD 5369-C)

c) General Conditions for Non-Construction Contracts (HUD-5370-C)

Instructions to Offerors Non-Construction

1. Preparation of Offers

(a) Offerors are expected to examine the statement of work, the proposed contract terms and conditions, and all instructions. Failure to do so will be at the offeror's risk.

(b) Each offeror shall furnish the information required by the solicita-tion. The offeror shall sign the offer and print or type its name on the cover sheet and each continuation sheet on which it makes an entry.

Erasures or other changes must be initialed by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the HA.

(c) Offers for services other than those specified will not be considered.

2. Submission of Offers

(a) Offers and modifications thereof shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solicita- tion number, and the name and address of the offeror.

(b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by written or telegraphic notice.

(c) Facsimile offers, modifications or withdrawals will not be consid-ered unless authorized by the solicitation.

3. Amendments to Solicitations

(a) It this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Offerors shall acknowledge receipt of any amendments to this solicitation by

(1) signing and returning the amendment;

(2) identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer,

(3) letter or telegram, or

(4) facsimile, if facsimile offers are authorized in the solicitation.

The HA/HUD must receive the acknowledgment by the time specified for receipt of offers.

4. Explanation to Prospective Offerors

Any prospective offeror desiring an explanation or interpretation of the solicitation, statement of work, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective off offerors.

5. Responsibility of Prospective Contractor

(a) The HA shall award a contract only to a responsible prospective contractor who is able to perform successfully under the terms and conditions of the proposed contract. To be determined responsible, a prospective contractor must -

(1) Have adequate financial resources to perform the contract, or the ability to obtain them;

(2) Have a satisfactory performance record;

(3) Have a satisfactory record of integrity and business ethics;

(4) Have a satisfactory record of compliance with public policy

(e.g., Equal Employment Opportunity); and

(5) Not have been suspended, debarred, or otherwise determined to be ineligible for award of contracts by the Department of

Housing and Urban Development or any other agency of the

U.S. Government. Current lists of ineligible contractors are available for inspection at the HA/HUD.

(b) Before an offer is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offeror to provide such additional information may render the offeror ineligible for award.

6. Late Submissions, Modifications, and Withdrawal of Offers

(a) Any offer received at the place designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it -

(1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers

(e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th);

(2) Was sent by mail, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the HA/

HUD that the late receipt was due solely to mishandling by the

HA/HUD after receipt at the HA;

(3) Was sent by U.S. Postal Service Express Mail Next Day

Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term 'working days" excludes weekends and U.S. Federal holidays; or

(4) Is the only offer received.

(b) Any modification of an offer, except a modification resulting from the HA's request for 'best and final" offer (if this solicitation is a request for proposals), is subject to the same conditions as in subparagraphs

(a)(1), (2), and (3) of this provision.

(c) A modification resulting from the HA's request for "best and final" offer received after the time and date specified in the request will not be considered unless received before award and the late receipt is due solely to mishandling by the HA after receipt at the HA.

(d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or

Canadian Postal Service. Both postmarks must show a legible date or the offer, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postal clerk to place a hand cancellation bull's.-eye postmark on both the receipt and the envelope or wrapper.

(e) The only acceptable evidence to establish the time of receipt at the

HA is the time/date stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA.

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Previous edition is obsolete page 1 of 2 form HUD-5369-B (8/93) ref. Handbook 7460.8

(f) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day

Service-Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service-Post Office to

Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

(g) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to the HA will be considered at any time it is received and may be accepted.

(h) If this solicitation is a request for proposals, proposals may be withdrawn by written notice, or if authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before award. Proposals may be withdrawn in person by a offeror or its authorized representative if the identity of the person requesting withdrawal is established and the person signs a receipt for the offer before award. If this solicitation is an Invitation for bids, bids may be withdrawn at any time prior to bid opening.

7. Contract Award

(a) The HA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the HA, cost or price and other factors, specified elsewhere in this solicitation, considered.

(b) The HA may

(1) reject any or all offers if such action is in the HA's interest,

(2) accept other than the lowest offer,

(3) waive informalities and minor irregularities in offers received, and (4) award more than one contract for all or part of the requirements stated.

(c) If this solicitation is a request for proposals, the HA may award a contract on the basis of initial offers received, without discussions.

Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint.

(d) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. If this solicitation is a request for proposals, before the offer's specified expiration time, the HA may accept an offer, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counter offer by the HA.

(e) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract.

8. Service of Protest

Any protest against the award of a contract pursuant to this solicitation shall be served on the HA by obtaining written and dated acknowledg-ment of receipt from the HA at the address shown on the cover of this solicitation. The determination of the HA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protestor.

9. Offer Submission

Offers shall be submitted as follows and shall be enclosed in a sealed envelope and addressed to the office specified in the solicitation. The proposal shall show the hour and date specified in the solicitation for receipt, the solicitation number, and the name and address of the offeror, on the face of the envelope.

It is very important that the offer be property identified on the face of the envelope as set forth above in order to insure that the date and time of receipt Is stamped on the face of the offer envelope. Receiving procedures are: date and time stamp those envelopes identified as proposals and deliver them immediately to the appropriate contracting official, and only date stamp those envelopes which do not contain identification of the contents and deliver them to the appropriate procuring activity only through the routine mail delivery procedure.

[Describe bid or proposal preparation instructions here:]

Please note that additional conditions, specifications and instructions pertaining to this RFP are contained within the RFP document issued.

Previous edition is obsolete page 2 of 2 form HUD-5369-B (8/93) ref. Handbook 7460.8 form HUD-5369-C (8/93) ref. Handbook 7460.8Previous edition is obsolete page 1 of 2

1. Contingent Fee Representation and Agreement

(a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror:

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting…